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1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 29TH DAY OF MAY,2013
BEFORE
THE HON’BLE MR.JUSTICE ARAVIND KUMAR
C.A.NO. 1611/2012 In CO.P.NO.158/2002,
C.A.NO. 1613/2012 In CO.P.NO.102/2003
And
C.A.NO. 1616/2012 In CO.P.NO.219/2000
C.A.NO. 1611/2012:
BETWEEN:
The Regional Provident Fund Commissioner, New Block No.10, Behind Income Tax Office, Navanagar, Hubli-580 025.
...Applicant
(By Sri. Venkataram S.N. Advocate for M/s Harikrishna S.Holla Associates)
AND:
M/s.Rayots Textiles & Oils Pvt., Ltd., Hulkoti, Since under liquidation, Represented by Official Liquidator, High Court of Karnataka, Raheja Towers, M.G.Road,
2 Bangalore.
..Respondent
(By Sri.K.S.Mahadevan and Sri.V. Jayaram Advocates for OL)
This C.A is filed under Rules 6 & 9 of Companies (Court) Rules 1956 praying to this Hon’ble Court may be pleased to direct the Official Liquidator to pay a sum of `13,67,070/- to the applicant towards arrears of Provident Fund Contributions.
C.A.NO. 1613/2012:
BETWEEN:
The Regional Provident Fund Commissioner, New Block No.10, Behind Income Tax Office, Navanagar, Hubli-580 025.
...Applicant
(By Sri. Venkataram S.N. Advocate for M/s Harikrishna S.Holla Associates)
AND:
M/s Karnataka State Veeners Ltd., Kavachur, Since under liquidation, Represented by Official Liquidator, High Court of Karnataka, Raheja Towers, M.G.Road, Bangalore.
..Respondent
(By Sri.K.S.Mahadevan and Sri.V.Jayaram Advocates for OL)
3 This C.A is filed under Rules 6 & 9 of Companies (Court) Rules 1956 praying to this Hon’ble Court may be pleased to direct the Official Liquidator to pay a sum of ` 58,53,389/- to the applicant towards arrears of Provident Fund Contributions.
C.A.NO. 1616/2012:
BETWEEN:
The Regional Provident Fund Commissioner, New Block No.10, Behind Income Tax Office, Navanagar, Hubli-580 025.
...Applicant
(By Sri. Venkataram S.N. Advocate for M/s Harikrishna S.Holla Associates)
AND:
M/s Sharvani Pharmaceuticals Limited, Since under liquidation, Represented by Official Liquidator, High Court of Karnataka, Raheja Towers, M.G.Road, Bangalore.
..Respondent
(By Sri.K.S.Mahadevan and Sri.V.Jayaram Advocates for OL)
This C.A is filed under Rules 6 & 9 of Companies (Court) Rules 1956 praying to this Hon’ble Court may be pleased to direct the Official Liquidator to pay a sum of ` 16,68,562/- to the applicant towards arrears of Provident Fund Contributions.
4 These company applications coming for orders this day, the court made the following:
O R D E R
These applications are filed by Regional Provident Fund Commissioner on behalf of Employees Provident Fund seeking for a direction to the official liquidator to pay the amounts mentioned in the respective applications said to be arrears of provident fund contributions payable by the company in liquidation.
Heard Sri.Venkataram, learned counsel appearing on behalf of Sri.Harikrishna Holla and Sri.K.S.Mahadevan, learned counsel appearing on behalf of official liquidator.
Perused the affidavits supporting the applications. It is not in dispute that pursuant to order of winding up passed by this court, official liquidator has invited claims and it is in the process of adjudication. Official Liquidator attached to this court who is present before court today would also submit
5 that claims are being adjudicated and as per the judgment of Hon’ble Apex court in the case of Employees Provident Fund Commissioner Vs Official liquidator of Esskay Pharmaceuticals Limited reported in 2012(1)LLJ SC the claim of Provident Fund Commissioner would be adjudicated on priority as held by Apex Court and after such adjudication by examining the claim of Provident Fund Department the amounts would be released in favour of Regional Provident Fund Commissioner that may be payable after obtaining necessary orders from this court. Placing his submission on record, C.A.1611/2012, C.A.1613/2012 and C.A.1616/2012 stands disposed of.
Sd/- JUDGE
SBN