SCA/291420/2002 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 2914 of 2002 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================= ISHWARBHAI RUGNATHJI SUTHAR - Petitioner Versus DIRECTOR & 2 - Respondents ================================================= Appearance : MR KISHOR M PAUL for Petitioner : OFFICIAL LIQUIDATOR for Respondents : 1, 3, SERVED BY AFFIX.-(R) for Respondent : 1, MS VS PATHAK, LD. AGP for Respondent : 2, RULE SERVED for Respondent : 3, ================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 22/10/2008 ORAL JUDGMENT 1. Heard learned counsels for the parties. This petition is filed for seeking appropriate direction and or writ of mandamus to the respondent no.2 for recovering the amount mentioned in the Recovery Certificate at Annexure-C to the petition. It seems that the respondent no.1 i.e. Associated Pulp & Paper SCA/291420/2002 2/2 JUDGMENT Mill Ltd is under liquidation and hence Official Liquidator is joined as party respondent. The Official Liquidator has filed his report where it is stated that the petitioner has not lodged any claim with the office of the Official Liquidator and as he was working as Chief Engineer of the company and he will fall in the category of he employees entitled for payment as per their priorities under Section 530 of the Companies Act, 1956, he may file his claim in form No. 66 in accordance with Companies (Court) Rules, 1959. 2. In view of this, this petition is disposed of as the petitioner has not lodged any claim with the Official Liquidator. It goes without saying that, if any such claim is lodged, the Official Liquidator shall examine it in accordance with law. With this observation this application is dismissed. Rule discharged. No cost. However, liberty is reserved to either of the parties to revive the same in case of difficulty. [ S.R. BRAHMBHATT, J ] /vgn