1 19.ca.103.2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION skt COMPANY APPLICATION NO. 103 OF 2010 IN COMPANY PETITION NO. 466 OF 1995 Skypark Couriers Ltd. ..Petitioner. And M/s.C.D.Security Services Network Ltd. ..Applicant vs. The Official Liquidator of M/s. Rose Murarka Finance Ltd. & Ors. ..Respondents. .... Ms.Molina P. Thakur, Advocate for the Applicant. The Official Liquidator present. .... CORAM : S.J. KATHAWALLA, J. DATE : 31st MARCH 2010. P. C. 1 This applicant M/s.C.D. Security Services Network Ltd. has filed the present application seeking directions against the Official Liquidator to pay the outstanding security charges of Rs. 40,71,576.12/- to the Applicants being the security charges for the period March 2000 to November 2009 from the common funds of the Official Liquidator with liberty to adjust the same from the sale proceeds of the assets/properties of the Company 2 19.ca.103.2010.sxw in liquidation. The Applicant seeks further directions against the Official Liquidator to allow the Applicant to withdraw their security personnel forthwith or from such date as may be stipulated by this Court. 2 The learned advocate appearing for the Applicant has pointed out that the Applicant had earlier filed Company Application bearing No.1180 of 2006 seeking the same reliefs. The said Company Application was disposed of by this Court by its Order dated 13th April 2007. From the said order, it appears that the Official Liquidator had submitted that the secured creditors are not coming forward to make payments towards the security charges. In view thereof, this Court had inter alia ordered that in the event of the secured creditors failing to comply with the order dated 1st November 2002 within four weeks it would be open to the Official Liquidator to dispense with the service of the Security Agency and the property shall thereafter stand at the risk of the secured creditors. The Applicant was also granted liberty to take out further proceedings if it becomes necessary to do. 3 19.ca.103.2010.sxw 3 Though the secured creditors failed to come forward and pay the security charges, the Official Liquidator, instead of dispensing with the services of the security agencies, continued with their services. Even the security agency, at whose instance, the order, dated 13th April 2007 was passed, continued to provide security guards for the protection of the suit property. 4 A meeting was called by the Official Liquidator on 4th May 2009, which was attended by the Applicant. At the said meeting it was decided to reduce the security strength from 5 guards to 2 guards per shift i.e. in all 6 guards for 3 shifts with effect from 1st June 2009. The learned advocate appearing for the applicant is unable to explain as to why the applicant continued to provide several security guards to the Official Liquidator for the protection of the suit property initially for the period 2000 to 2006 though not a single paisa was paid by the Official Liquidator to the Applicant towards the security charges. The learned advocate is further unable to explain why even after the order, dated 13th April 2007 was passed, why the security agency continued to provide security guards to the 4 19.ca.103.2010.sxw Official Liquidator for the purpose of securing the suit property. The Official Liquidator is also unable to explain as to why the services of the security agency were continued despite the orders of this Court dated 13th July 2007. In fact, prima facie, a substantial part of the claim of the Applicant, appears to be is barred by the Law of Limitation. 5 In view thereof, I pass the following order : i) The Applicant is allowed to forthwith withdraw the security personnel deployed for protection of the suit property. ii) The Official Liquidator shall have the suit property valued within a period of four weeks from today and submit his Report alongwith the Valuation Report seeking necessary directions from this Court for sale of the suit property. iii) The Official Liquidator shall, in the meantime, also adjudicate the claim of the Applicant and seek necessary directions from this Court as regards payment to be made to the Applicant immediately upon realization of the sale 5 19.ca.103.2010.sxw proceeds iv) The Official Liquidator shall forthwith, forward a copy of this Order to all the secured creditors. 6 The Company Application is accordingly disposed of. [ S.J.KATHAWALLA, J. ]