Shri Remedius D'Souza v. The Official Liquidator of The Mysore Kirloskar Ltd (in liqn)

Shri Remedius D'Souza S/o.late Antony D'Souza Aaged about 58 years, R/a 1485, 20th Main, 40th Cross, Opp. G N R Kalyana Mantapa Road, 4th T Block, Jayanagar, Bangalore-560040. .. APPLICANT COMMON IN BOTH (By Sri Deepak, Adv.) AND : The Official Liquidator of The Mysore Kirloskar Ltd (in liqn) attached to High Court of Karnataka 12th floor, Raheja Towers, Bangalore-560001. ...RESPONDENT COMMON IN BOTH (By Sri K S Mhadevan & V Jayaram, Advs.) 2 This CA.No.1286/2011 is filed under Rule 164 of the Companies (Court) Rules, 1959, praying to direct the Official Liquidator to include gratuity amount payable in a sum of Rs.1,71,518/- and earned leave remuneration in a sum of Rs.73,164/- claimed by the applicant as priority claims of the applicant in terms of Section 530 of the Companies Act. This CA.No.1604/2011 filed under Rule 164 of the Companies (Court) Rules, 1959, Section 5 of Limitation Act, praying to condone the 257 days of delay in filing the above appeal. These applications coming on for orders this day, the Court passed the following: ORDER Heard both counsels.

For the reasons stated in the affidavit filed in support of the application, the delay of 44 days in filing CA No.1286/2011 is condoned and consequently CA No.1604/2011 is allowed.

C.A.No.1286/2011 has been filed to direct the Official Liquidator to include gratuity amount payable in a 3 sum of Rs.1,71,518/- and earned leave remuneration in a sum of Rs.73,164/- claimed by the applicant as priority claims of the applicant in terms of Section 530 of the Companies Act.

The claim of the applicant was partly rejected on the ground that preferential payment is only to an extent of Rs.20,000/-. An identical issue came up for consideration in CA No.160/2012 and connected matter. This Court by the order dated 29.5.2012 held insofar as payment of salary/wages is concerned, preferential payment shall be restricted to Rs.20,000/- in terms of the notification. But, however, so far as other heads is concerned viz: leave remuneration, gratuity, etc. the same would not be covered by the notification and consequently the payment on those heads would be treated as preferential payment under Section 530 of the Companies Act. In view of the aforementioned decision rendered by this Court, both the counsels submits that the present application may be disposed off.

In view of the submissions made by both the 4 counsels, CA.No.1286/2011 is disposed off in terms of the order dated 29.5.2012 passed in CA No.160/2012 and connected matters. Sd/- JUDGE bkm.