1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.1288 OF 2008 IN COMPANY PETITION NO.743 OF 1990 United Metachem Pvt.Ltd. ..Petitioner V/s. Mafatlal Engineering Ind.Ltd. ..Respondent. And Bambai Mazdoor Union ..Applicant. V/s. Official Liquidator, High Court,Mumbai. ..Respondent. Mr.N.M.Ganguli for petitioner. Mr.S.Ramakanta, Dy.O.L. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : OCTOBER 23, 2008. : OCTOBER 23, 2008. : OCTOBER 23, 2008. P.C. P.C. P.C. : : : 1. Grievance in this Application is of wrongful rejection of claim of 62 workmen in terms of communication of the Official Liquidator dated 15th July, 2008. The representative of the Official Liquidator submits that insofar as these 62 workmen are concerned, there was nothing on record to suggest that they were in fact workmen of the Company in liquidation at any point of time or any contemporaneous record to establish that fact was produced by these workmen. On the other hand, 2 Counsel for the Applicant submits that the same record which has been relied to accept the claim of other 2900 workmen is applicable even to the 62 workmen, whose claim has however been rejected. That is a matter which will have to be brought to the notice of the Official Liquidator in the first place. The concerned workmen will be free to produce relevant documents before the Official Liquidator in support of claim that they were workmen of the Company in liquidation at the relevant time. All questions in that behalf are left open, to be decided by the Official Liquidator on its own merits. 2. The said 62 workmen shall appear before the Official Liquidator for adjudication of their claim in the office of the Official Liquidator at 11 a.m. on 4th November, 2008 on which date the Official Liquidator will proceed with the hearing of the claim or schedule the matter to such other date as may be convenient to him to enable the workmen to produce further evidence/documents, if any. 3. This application is disposed of with further direction to the Official Liquidator to decide the claim of the concerned workmen as expeditiously as possible, preferably by end of 31st December, 2008. 3 4. It is made clear that if any of the 62 workmen referred to in the present application fail to appear before the Official Liquidator on the specified date and time or to produce any further evidence/material, it will be open to the Official Liquidator to decide the claim of the concerned workmen on the basis of evidence/material already available on record. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)