THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1570 of 2011 In Company Petition No.34 of 1997 29th September, 2011 Between :- M/s.Acme Flouro Polymers Ltd. (in Liqn) Rep.by the Official Liquidator, High Court of Andhra Pradesh, Hyderabad .. Applicant THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1570 of 2011 In Company Petition No.34 of 1997 ORDER:- This is an application filed by the Official Liquidator representing M/s.Acme Flouro Polymers Ltd (in Liqn) under Section 460(4) of the Companies Act, 1956 read with Rule 9 of the Companies (Court) Rules, 1959 seeking his ratification in filing Caveat Petition and engaging the service of Mr.M.Srinivas R.Rao, Advocate at New Delhi. Further relief as to fixation of fee to Sri M.Srinivas R.Rao has also been sought for. This Court by an order dated 30-4-1999 made in C.P.No.34 of 1997 directed for winding up of M/s.Acme Flouro Polymers Ltd. The aggrieved party carried the matter in appeal by way of OSA No.27 of 1999. The Division Bench of this Court by an order dated 21-8-1999 granted stay of further proceedings pursuant to the order of winding up dated 30-4-1999 made in C.P.No.34 of 1997. Ultimately, the said O.S.A. ended in dismissal on 18-4-2000. Consequently, by virtue of Section 449 of the Companies Act, 1956, the Official Liquidator attached to this Court became the Liquidator of the Company (in Liqn). Prior to the order of winding up, the Company had filed a complaint vide O.A.No.204 of 1995 before the National Consumer Rederessal Commission, New Delhi, against Central Warehousing Corporation, Mumbai, seeking compensation of Rs.1,22,00,000/- towards damages of imported machinery lying in the custody of the Central Warehousing Corporation, Mumbai. The said complaint came to be allowed by an order dated 5-7-2004 directing the Central Warehousing Corporation and others to pay Company Application of Rs.61,44,000/- with interest at 19% per annum w.e.f. 1-2-1996 till the date of payment to the Company (in Liqn). Aggrieved by the said order, Central Warehousing Corporation filed Civil Appeal No.6290 of 2004 before the Supreme Court. The Official Liquidator engaged the services of Sri M.Srinivas R.Rao, Advocate, at New Delhi, to represent the Company (in Liqn) in the aforesaid Civil Appeal No.6290 of 2004. Subsequently, the Official Liquidator filed C.A.No.2066 of 2007 for fixation of fee of the Advocate engaged by him. This Court by an order dated 9-6-2008 fixed the fee of Sri M.Srinivas R.Rao, Advocate at Rs.30,000/- Professional Fee and Rs.10,000/- towards expenses, as claimed by him. The Official Liquidator received a letter dated 7-10-2009 from Sri M.Srinivas R.Rao, Advocate, informing that the matter has been remitted to the National Consumer Disputes Redressal Commission for hearing the arguments. The Official Liquidator engaged the services of Sri M.Srinivas R.Rao, Advocate to contest the same before the National Consumer Disputes Redressal Commission, New Delhi. The Official Liquidator received another letter dated 29-4-2011 from Sri M.Srinivas R.Rao, Advocate, along with an order dated 8-4-2011 in O.P.No.204/1995 passed by the National Consumer Disputes Redressal commission, New Delhi. On the advice of Sri M.Srinivas R.Rao, Advocate, the Official Liquidator filed a Caveat before the Supreme Court. The Official Liquidator under letter dated 22-6-2011 has sent Rs.10,000/- and Vakalatnama duly signed for filing Caveat Petition before the Supreme Court. The Central Warehousing Corporation Ltd., filed Civil Appeal No.7021 of 2011 before the Supreme Court against the order passed in O.P.No.204 of 1995 and the case has been listed on 2-9-2011 before the Supreme Court. Sri M.Srinivas R.Rao, Advocate, sent a letter to the Official Liquidator to pay Rs.50,000/- as his initial fee by way of Demand Draft. Hence, this application. Heard learned Counsel appearing for the applicant and perused the material brought on record. Having considered the facts and circumstances, the action of the Official Liquidator in filing the Caveat Petit6ion on behalf of the Company (in Liqn) is ratified. The Official Liquidator is permitted to pay fee to Sri M.Srinivas R.Rao, Advocate, not exceeding Rs.10,000/- (Rs.Ten thousand only) apart from miscellaneous expenses. Accordingly, the Company Application is ordered. ________________________ B.Seshasayana Reddy, J 29th September, 2011 smr