9911796707
TMI Blog1973 (8) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... eering & Foundry Co. Ltd.), on December 28, 1968, passed a special resolution for its winding up voluntarily. Shri V. Rajaraman, the appellant before us, was appointed the liquidator and his remuneration was fixed at Rs. 3,000 only. There was a challenge to this resolution from another company, Messrs. Globe Motors Ltd., through a petition, No. C. P. 8 of 1909. As a result of a compromise the learned company judge ordered voluntary winding-up to continue, subject to the supervision of the court. The appellant-liquidator, because of an alleged increase in his work, applied for a revision of his remuneration, so as to bring it at par with that of the official liquidator. The Registrar of Companies opposed the prayer on the basis of section 49 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ought under the supervision of the court, it ceased to be a voluntary winding-up and came out of the scope of section 490. But this submission is without any basis. Provisions for winding up subject to supervision of the court are contained in Chapter IV of Part 7 of the Companies Act (sections 522 to 527). Section 522 of the Act, which gives power to the court to order winding-up subject to its supervision, comes into play only after the company has passed a resolution for voluntary winding up. Under this provision, the court does not terminate the voluntary winding up, nor does it substitute any other form of winding-up in place of voluntary winding up. The section, on the other hand, requires the court to make an order "that the voluntar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liquidator appointed by court.-A liquidator appointed by the court under section 524 shall have the same powers, be subject to the same obligations, and in all respects stand in the same position, as if he had been duly appointed in accordance with the provisions of this Act with respect to the appointment of liquidators in a voluntary winding up. 526. (2) Except as provided in sub-section (1), any order made by the court for a winding-up subject to the supervision of the court, shall for all purposes, including the staying of suits and other proceedings, be deemed to be an order of the court for winding up the company by the court, and shall confer full authority on the court to make calls or to enforce calls made by the liquidators, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e court in addition and subject to the control of the official liquidator. This section also does not give any power to the court to increase the remuneration of the liquidator. None of these sections, therefore, assist the appellant. Mr. Rao contended that section 526(2) makes the winding up subject to the court's supervision, as if it was a compulsory winding up by the order of the court. The court, according to him, can exercise all other powers which it might exercise in the case of a compulsory order. But this contention, too, leads Mr. Rao nowhere. Compulsory winding up is dealt with in Chapter II of Part 7 of the Act, which is comprised of section 433 to section 483. On a winding-up order being made, the official liquidator, by virt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e total assets of the company to be realised amount to Rs. 27 lakhs. The liquidator has already filed three suits on the original side of this court for the recovery of a sum of more than Rs. 10 lakhs. The liquidation proceedings are likely to continue for a considerable time. It was, therefore, a fit case, said Mr. Rao, for the grant of an increase in the remuneration. But, as has already been observed, there is a complete and absolute bar against an increase in the liquidator's remuneration, even in a genuine case. It may be a case of casus omissus, but the court is not privileged to add to or to vary the language of an enactment. We agree with the learned company judge in giving an answer in the negative to the question first above menti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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