Official Liquidator Of Kemrock Industries And Exports LTD.(In Liquidation) vs. Na
Held
The Court considered the report filed by the Official Liquidator and the bill raised by M/s. Bipin & Co. Chartered Accountants for professional fees, including GST, for verifying the claims of the workmen. The Court found that the prayer contained in paragraph no. 5(A) of the report could be granted. Accordingly, the Court granted the prayer, permitting the Official Liquidator to make the payment of Rs. 1,48,916/-. The report was then disposed of. The reasoning for granting the prayer was based on the Court's satisfaction with the necessity and justification of the fees for the services rendered as per the prior court order.
Facts
The Official Liquidator of Kemrock Industries and Exports Ltd. (in liquidation) filed a report seeking permission to pay Rs. 1,48,916/- to M/s. Bipin & Co. Chartered Accountants. This payment was for their professional fees, including GST, for verifying the claims of workmen of the company in liquidation. The verification was undertaken pursuant to a previous order of the Court dated 13.12.2017 in Official Liquidator Report No. 150 of 2017. The Chartered Accountant had submitted their verification report and raised a bill dated 11.10.2018 for their services. The report was placed before the Court for consideration of the prayer for payment.
Key Issues
1. Whether the Official Liquidator should be permitted to make payment of Rs. 1,48,916/- to M/s. Bipin & Co. Chartered Accountants towards professional fees, including GST, for the verification of workmen's claims, as per the prayer in the Official Liquidator's Report. Contentions: Petitioner (Official Liquidator): The petitioner contended that the payment was necessary for the professional services rendered by the Chartered Accountant in verifying the claims of the workmen, as per the Court's earlier order. The bill raised by the Chartered Accountant, including GST, was presented for approval. Respondent (Revenue/State): No specific arguments or contentions were recorded from the respondent side in the judgment.
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Cause title — parties, addresses and appearances
ORAL ORDER The report is filed, with the prayer at paragraph no.5 (A) which reads as under:- “This Hon'ble Court may be pleased to permit the Official Liquidator to make payment of Rs.1,48,916/- to M/s.Bipin & Co. Chartered Accountants towards professional fees for verification claims forms of workmen of the company in liquidation as stated in para-4 herein above, in terms of order dated 13.12.2017 passed in Official Liquidator Report No.150 of 2017 from the fund available with the Company in Liquidation Account.”
As stated in the report, pursuant to the order made by
The judgment continues below.
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