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2013 (1) TMI 280 - GUJARAT HIGH COURTRatification of the action taken by the Official Liquidator - Power of Official Liquidator to appoint 'Special Arguing Counsel' - Held that:- Referring to Rule 307 of the Companies (Court) Rules, 1959 the official liquidator is required to apply to the Company Court for sanction to employ an advocate, or advocates, to assist him. Nowhere in the rule is it mentioned that the sanction has to be granted after the appointment of an advocate by the official liquidator. The rule envisages prior sanction of the Court and not ex-post facto sanction, as is conveniently being misread and mis-construed by the official liquidator. It is an admitted fact on the part of the official liquidator that prior permission and approval of the court for engagement of the concerned advocate has not been taken, and that the concerned advocate is not on the panel approved by the Court. In such circumstances, the action of the official liquidator in entrusting the briefs to the concerned advocate as special arguing counsel without prior permission of the Court cannot be ratified. Where Official Liquidator appointed a special arguing counsel whose name was not on panel of advocates without taking prior permission of Company Court, said action of Official Liquidator could not be subsequently ratified by Company Court
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