Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2009 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (7) TMI 763 - HIGH COURT OF KARNATAKAWinding up - seeking for appointment of a liquidator for the respondent-company - Held that:- As per annexure J reply dated 12-12-2007, sent to the legal notice dated 5-12-2007, issued by the petitioner, the respondent-company has clearly admitted that the total terminal benefits payable to the petitioner were approximately in a sum of ₹ 1,85,000 and that the said amount will be paid to the petitioner without prejudice to their rights. Since this is an admitted sum, the respondent-company cannot avoid its liability only on the ground that the proceedings are pending before the competent authority. The petitioner who has undeniably worked under the respondent-company is entitled for the admitted amount to sustain himself. The respondent-company is directed to pay a sum of ₹ 1,65,692 to the petitioner within four weeks from today.The petitioner shall receive this amount subject to the result of the proceedings pending before the Controlling Officer under the provisions of the Payment of Gratuity Act. In case, the proceedings goes against the petitioner, it would be open to the respondent-company to recover this amount in accordance with law
|