THE HON’BLE Ms. JUSTICE G. ROHINI COMPANY APPLICATION No.752 OF 2010 In R.C.C.No.4 OF 2001 DATED: 23.03.2011 Between : K. Srinivasa Varada Chary .. Applicant And 1. The Provisional Liquidator & 8 others. .. Respondents THE HON’BLE Ms. JUSTICE G. ROHINI COMPANY APPLICATION No.752 OF 2010 In R.C.C.No.4 OF 2001 ORDER : I have heard the learned counsel for the applicant as well as the learned Counsel appearing for the Official Liquidator representing M/s. Ominitrode Aditya Electrodes Limited, the company in liquidation. The report filed by the Official Liquidator vide OLR No.469 of 2010 shows that the said company was directed to be wound up by this Court by order dated 31.10.2002 and the Official Liquidator attached to this Court was appointed as its Liquidator. The applicant before this Court claims that the respondents 7 and 8 herein who are the Ex. Managing Director and the Manager of the Company in liquidation respectively, had availed his service for conducting the legal proceedings before various Courts. It is alleged that a sum of Rs.35,20,000/- is due to him towards the advocate fee and that the respondents are liable to pay the same together with interest at the rate of 12% p.a. Accordingly in C.A.No.752 of 2010 the applicant seeks a direction to the Official Liquidator to pay the said amount towards the advocate fee payable to him. While alleging that the respondents 7 and 8 failed to deliver the custody of the documents and other properties of the company in liquidation, in C.A.No.751 of 2010 the applicant seeks a direction to the respondents 7 and 8 to surrender and deliver forthwith the company properties. It is relevant to note that since the applicant is not a party to the winding-up proceedings, he filed C.A.No.737 of 2010 seeking leave of the Court and by order dated 21.9.2010 leave was granted by this Court and accordingly the present applications have been entertained. So far as C.A.No.752 of 2010 where in the applicant seeks a direction to the Official Liquidator to pay the amounts due to him towards the advocate fee is concerned, in the report filed by the Official Liquidator it is stated that the Official Liquidator has not yet invited claims from the creditors of the company in liquidation. Hence the relief as prayed for in C.A.No.752 of 2010 cannot be granted at this stage. Accordingly, Company Application No.752 of 2010 is disposed of granting liberty to the applicant to make his claim as and when the claims are invited by the Official Liquidator from the creditors of the company in liquidation. ______________ G. ROHINI, J. Dt. 23.03.2011 gbs