1 ca291-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.291 OF 2011 IN COMPANY PETITION NO.613 OF 1984 M/s.Kay Kay Trading Co .. Petitioner And Engineering Workers Union .. Applicant versus The O.L, High Court, Bombay .. Respondent Mr.N.M.Ganguli for the applicant. Dr.T.Pandian, O.L present. CORAM : S.C.DHARMADHIKARI, J. 16th September 2011. P.C.: . Heard Mr.Ganguli appearing on behalf of the applicant-Union. The relief that the applicant-Union claims is, that from the amounts that are disbursed as workmen dues, a sum to the extent of 5% be deducted and paid to the Union. 2 Mr.Ganguli submits that there is a clear-cut arrangement, between the applicant-Union and members of the Union/workmen whose dues were involved in these proceedings, each of the 2 ca291-11.doc workmen whose cause has been taken by the Union, is member of the applicant-Union and the said workmen have no objection to the deductions. Today, the Official Liquidator is unable to deduct any such sum in the absence of the orders and directions of this Court. 3 On taking instructions, Mr.Ganguli submits that in the light of the affidavit that is filed by the Official Liquidator, the applicant- Union shall indemnify the Official Liquidator to the extent of any claims that may be received by the individual workmen and if the Official Liquidator receives such claims, the applicant-Union will indemnify the Official Liquidator to the extent of such claims. However, the indemnity be restricted for a period of six months from the date of disbursement. 4 Having heard Mr.Ganguli at some length and perused with his assistance the affidavit in support, affidavit in reply and finding that none of the averments in the application and affidavit in support of the applicant-Union have been denied, this application is made absolute in terms of prayer clause (a) subject to the applicant-Union giving an indemnity in favour of the Official Liquidator indemnifying 3 ca291-11.doc him against all claims of individual workmen, which may be received within a period of six months from the date of said deduction /disbursement. Company Application is disposed off but without any order as to costs. (S.C.DHARMADHIKARI, J)