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2020 (7) TMI 91 - HC - Companies LawReimbursement of liquidation expenses of vessels/tugs - winding up of company - HELD THAT:- The official liquidator has rightly rejected the claim for supply of food provision on board on 4th September, 2017 in the sum of ₹ 42,040/-. The claim for port charges in the sum of ₹ 6,51,473/- is rightly rejected on the ground that official liquidator had taken possession on 6th February, 2018 and as the same were neither approved by this Court nor informed to the official liquidator prior to incurring such expenses and thus could not be considered as liquidation expenses. The manning expenses were incurred by the applicant without permission of this Court and without conveying such expenses to the official liquidator before taking possession by the official liquidator. The official liquidator rightly rejected the claim for reimbursement of salary expenses in the sum of ₹ 2,68,927/- as the said claim would fall under Section 529A or 530 of the Companies Act, 1956 depending upon the nature of work. The port dues of ₹ 2,87,675/- and ₹ 22,62,182/- have been rightly rejected under Section 530 of the Companies Act, 1956 being Government dues which shall be paid only after payment of workman and secured creditors - the claim for port dues cannot be admitted and if would have been admitted would result in disturbing the priority mechanism provided as per the provisions of Companies Act, 1956. The report submitted by the official liquidator before this Court being OLR No. 141 of 2018 allowing the claims made by the applicant partly and rejecting the part of the claims shows no infirmity and is based on various orders passed by this Court from time to time. The claims which were not admissible as liquidation expenses have been rightly rejected by the official liquidator. Application dismissed.
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