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Piesent Mr Anil Airi, Advocate with Mr, Siddharth Bawa, Advocate for Jagatj it Industries Ltd
Ms Bhanita, Advocate for respondent SP Gupta and Sons
Mr Hashmat Nabe, Advocate for respondent in Co Appi (C)
62/2008
Mr Shri Singh, Advocate for iespondent in Co Appi (C)
40/2008
Mr Fazhn Anarn, Advocate & Mr. V K Gupta, Advocate for respondent in Co Appi (C) 44/2008, 45/2008, 46/2008, /-. 47/2008, 52/2008 & 54/2008
MrRajiv Bakshi, Advocate in Co Appi c) 51/2008
Ms Purnirna Sethi, Advocate for Official Liquidator with Mr
S B Gautarn, Official Liquidator
+ Co. Appi (C) 4/2007 in Co Pet 439/1999
+ Co Appi (C) 1/2008 in Co Pet 439/1999
+ Co Appi (C) 5/2008 in Co Pet 439/1 999
+ Co Appi (C) 7/2008 in Co Pet 439/1999
+ Co App! (C) 9/2008 in Co Pet 439/1999
+ Co App! (C) 11/2008 Co Pet 439/1999
+ Co App! (C) 14/2008 in Co Pet 439/1999
+ Co App! (C) 15/2008 in Co Pet 439/1999
+ Co App! (C) 16/2008 in Co Pet 439/1999
+ Co App! (C) 17/2008 in Co Pet 439/1999
+ Co App! (C) 19/2008 in Co Pet 439/1999
+ Co App! (C) 20/2008 in Co Pet 439/1999
+ Co App! (C) 24/2008 in Co Pet 439/1999
+ Co App! (C) 30/2008 in Co Pet 439/1999
+ Co App! (C) 33/2008 in Co Pet 439/1999
+ Co App! (C) 35/2008 in Co. Pet.439/1999
+ Co App! (C) 40/2008 in Co Pet 439/1999
+ Co Appi (C) 42/2008 in Co Pet 439/1999
+ Co App! (C) 43/2008 in Co Pet 439/1999
+ Co App! (C) 44/2008 in Co Pet 439/1999
+ Co App! (C) 45/2008 in Co Pet 439/1999
+ Co App! (C) 46/2008 in Co Pet 439/1999
2011:DHC:8277 .... : •:
:.
•H : H ..•., , ': :; . :
+ Co Appi (C) 47/2008 in Co Pet 439/1999
+ Co Appi. (C) 48/2008 in Co Pet 439/1999
+ Co Appi (C) 50/2008 in Co Pet 43911999
+ Co Appi (C) 51/2008 in Co Pet 439/1999
+ Co Appi (C) 52/2008 in Co Pet 439/1999
+ Co Appi (C) 54/2008 in Co Pet 439/1999
+ Co Appi (C) 55/2008 in Co Pet 439/1999 1,112.
+ Co Appi (C) 58/2008 in Co Pet 439/1999
+ Co Appi (C) 62/2008 in Co Pet 439/1999 '
+ Co Appi (C) 63/2008 in Co Pet 439/1999
+ Co Appi (C) 65/2008 in Co Pet 439/1999
+ CoAppi (C) 66/2008 in Co Pet 439/1999 the matter ofM/s Jagatjit Brown Forman (India) Ltd) on 23rd May, 2011, this Court had passed the following order -
"Mr And Airi, learned counsel along with Mr Szddharth
Bawa, learned counsel for M/s Jagatjzt Industries states that the company (In liqn) was a joint venture between
M/s Brown Forman Mauritius Limited and M/s Jagatjit
Industries He states that the aforesaid joint venture had turned 'sour' way back in the year, 1999 He also states that this Court vide detailed order dated 19,th December, 2003 appointed a Provisional Liquidator under Section
433(J) of the Companies Act, 1956 Mr Anil Airi, learned counsel contends that ever since then, the foreign company namely M/s Brown Forman Mauritius Limited has not shown any interest in the company (In hqn) He also states that IVils Jagatjit Industries is also not interested in reviving this company
I also asked Ms Purnima Sethi, learned counsel for
Official Liquidator as to whether any amount is due and payable to any, secured or unsecured creditor or to any workman She states that though no claim has beeninvited from the public at large, but till date neither any workman nor any secured or unsecured ci editor has filed any claim with the Official Liquidator
If this is the position, then I fail to understcnd as to why the ledger entries on the basis of which present recovery proceedings undei Section 446 of the Companies Act, 1956 have been filed are not supported by any piirnary document like a voucher He also states that no debit or credit notes are available with the Official liquidat6r.
Mr Gautam lastly states that even if money decrees were to be passed by this Court, it would be very difficult to the OfficiiJ
Liquidator to execute the said recovery decree as most of the iespondents being Ahnual Indian Made Foreign Liquor Licence holdeis would not be tiaceable
Mr Anil Airi, learned counsel foi Jagatjit Brown Forman
(India) Ltd on instructions of Mr. K K Kohh, Company Secretary, of
Jagatjit Brown Forman (India) Ltd confirms the fact that there are no secured or ,unsecured ci editoi s of the company in liquidation and no further dues are payable to any workman He also reaffirms the fact that none of the Joint venre partners is interested in reviving the company in liquidation and/or in incurnng any expenditure in serving majority of the unserved respondents
In view of the aforesaid statement by the Official Liquidator and Mr. Anil Airi, learned counsel for Jagatjit Brown Forman(India)
Ltd as well as the fact that primary documents like invoices and
Ms Bhanita, Advocate for respondent SP Gupta and Sons
Mr Hashmat Nabe, Advocate for respondent in Co Appi (C)
62/2008
Mr Shri Singh, Advocate for iespondent in Co Appi (C)
40/2008
Mr Fazhn Anarn, Advocate & Mr. V K Gupta, Advocate for respondent in Co Appi (C) 44/2008, 45/2008, 46/2008, /-. 47/2008, 52/2008 & 54/2008
MrRajiv Bakshi, Advocate in Co Appi c) 51/2008
Ms Purnirna Sethi, Advocate for Official Liquidator with Mr
S B Gautarn, Official Liquidator
+ Co. Appi (C) 4/2007 in Co Pet 439/1999
+ Co Appi (C) 1/2008 in Co Pet 439/1999
+ Co Appi (C) 5/2008 in Co Pet 439/1 999
+ Co Appi (C) 7/2008 in Co Pet 439/1999
+ Co App! (C) 9/2008 in Co Pet 439/1999
+ Co App! (C) 11/2008 Co Pet 439/1999
+ Co App! (C) 14/2008 in Co Pet 439/1999
+ Co App! (C) 15/2008 in Co Pet 439/1999
+ Co App! (C) 16/2008 in Co Pet 439/1999
+ Co App! (C) 17/2008 in Co Pet 439/1999
+ Co App! (C) 19/2008 in Co Pet 439/1999
+ Co App! (C) 20/2008 in Co Pet 439/1999
+ Co App! (C) 24/2008 in Co Pet 439/1999
+ Co App! (C) 30/2008 in Co Pet 439/1999
+ Co App! (C) 33/2008 in Co Pet 439/1999
+ Co App! (C) 35/2008 in Co. Pet.439/1999
+ Co App! (C) 40/2008 in Co Pet 439/1999
+ Co Appi (C) 42/2008 in Co Pet 439/1999
+ Co App! (C) 43/2008 in Co Pet 439/1999
+ Co App! (C) 44/2008 in Co Pet 439/1999
+ Co App! (C) 45/2008 in Co Pet 439/1999
+ Co App! (C) 46/2008 in Co Pet 439/1999
2011:DHC:8277 .... : •:
:.
•H : H ..•., , ': :; . :
+ Co Appi (C) 47/2008 in Co Pet 439/1999
+ Co Appi. (C) 48/2008 in Co Pet 439/1999
+ Co Appi (C) 50/2008 in Co Pet 43911999
+ Co Appi (C) 51/2008 in Co Pet 439/1999
+ Co Appi (C) 52/2008 in Co Pet 439/1999
+ Co Appi (C) 54/2008 in Co Pet 439/1999
+ Co Appi (C) 55/2008 in Co Pet 439/1999 1,112.
+ Co Appi (C) 58/2008 in Co Pet 439/1999
+ Co Appi (C) 62/2008 in Co Pet 439/1999 '
+ Co Appi (C) 63/2008 in Co Pet 439/1999
+ Co Appi (C) 65/2008 in Co Pet 439/1999
+ CoAppi (C) 66/2008 in Co Pet 439/1999 the matter ofM/s Jagatjit Brown Forman (India) Ltd) on 23rd May, 2011, this Court had passed the following order -
"Mr And Airi, learned counsel along with Mr Szddharth
Bawa, learned counsel for M/s Jagatjzt Industries states that the company (In liqn) was a joint venture between
M/s Brown Forman Mauritius Limited and M/s Jagatjit
Industries He states that the aforesaid joint venture had turned 'sour' way back in the year, 1999 He also states that this Court vide detailed order dated 19,th December, 2003 appointed a Provisional Liquidator under Section
433(J) of the Companies Act, 1956 Mr Anil Airi, learned counsel contends that ever since then, the foreign company namely M/s Brown Forman Mauritius Limited has not shown any interest in the company (In hqn) He also states that IVils Jagatjit Industries is also not interested in reviving this company
I also asked Ms Purnima Sethi, learned counsel for
Official Liquidator as to whether any amount is due and payable to any, secured or unsecured creditor or to any workman She states that though no claim has beeninvited from the public at large, but till date neither any workman nor any secured or unsecured ci editor has filed any claim with the Official Liquidator
If this is the position, then I fail to understcnd as to why the ledger entries on the basis of which present recovery proceedings undei Section 446 of the Companies Act, 1956 have been filed are not supported by any piirnary document like a voucher He also states that no debit or credit notes are available with the Official liquidat6r.
Mr Gautam lastly states that even if money decrees were to be passed by this Court, it would be very difficult to the OfficiiJ
Liquidator to execute the said recovery decree as most of the iespondents being Ahnual Indian Made Foreign Liquor Licence holdeis would not be tiaceable
Mr Anil Airi, learned counsel foi Jagatjit Brown Forman
(India) Ltd on instructions of Mr. K K Kohh, Company Secretary, of
Jagatjit Brown Forman (India) Ltd confirms the fact that there are no secured or ,unsecured ci editoi s of the company in liquidation and no further dues are payable to any workman He also reaffirms the fact that none of the Joint venre partners is interested in reviving the company in liquidation and/or in incurnng any expenditure in serving majority of the unserved respondents
In view of the aforesaid statement by the Official Liquidator and Mr. Anil Airi, learned counsel for Jagatjit Brown Forman(India)
Ltd as well as the fact that primary documents like invoices and
JUDGMENT