O R D E R
By Sri. C.T. Sabu, President :
The complaint is filed for the refund of Kuri amount Rs.4,05,000/- remitted in the 12th day monthly kuri conducted by the opposite parties and for the interest and cost.
2) The opposite parties filed a detailed version and a proof affidavit denying the contentions of the complainant. The case is posted for hearing, and on the same date, the counsel for the opposite parties argued that the opposite party company had been ordered to be wound up by the Hon’ble High Court of Kerala vide order dtd. 30/09/2009. And an official liquidator is also appointed to initiate liquidation proceedings. The copy of the said order has already been submitted before this Commission on 04/11/2015 and marked as Ext. R1.
3) In this case, the complainant, through his counsel, has filed a proof affidavit in which he has affirmed and narrated all the averments stated in the compliant in detail. The complainant has produced eight documents which are marked as Ext. P1 - P8. Ext. P1 is the copy of Kuri Pass book; Ext. P2 is the copy of brochure of opposite party company; Ext. P3 is the copy of notice send to opposite party dtd. 13/04/09; Ext. P4 is the copy of South Indian Bank cheque bearing no. 612006 dtd. 12/08/09 for Rs.1,20,000/-; Ext. P5 is the copy of Cheque return memo dtd. 18/08/2009 issued by the Kuttanellur Service Co-operative Band Ltd. No. 758; Ext. P6 is the copy of lawyer notice dtd. 24/08/2009; Ext. P7 is the copy of Postal Receipt and A/d card and Ext. P8 is the copy of complaint filed before the Sub Inspector of Thrissur town east police station by the complainant.
4) The opposite parties submitted that in this case liquidation proceedings are already started against the opposite party company.
5) In terms of Sub-section (2) of Section 456 of Companies Act of 1956, when winding – up order of a company is passed, and the Official Liquidato has been appointed as the Liquidator of the company all the property and effects of the company shall be deemed to be in the custody of the winding up court. Accordingly, the property of the opposite party is deemed to be under the custody of the Hon’ble High Court of Kerala. When the winding-up order has been made, or the Official Liquidator has been appointed as the Provisional Liquidator, no suit or other legal proceedings shall be commenced, or if pending at the date of winding up order shall be proceeded with, against the company except by the leave of winding –up Court as required under the Section 446 Companies Act 1956. Since the complainant, in this case, has not obtained the leave of the Hon’ble winding up Court, the complaint is not sustainable. The complainant has the liberty to file his claim before the Official Liquidator as and when claims are invited from the creditors of the company in liquidation with the permission of the Hon’ble High Court of Kerala by the Official Liquidator. The Official Liquidator has brought these facts before this Hon’ble Forum vide his statement dtd. 04/07/2016.
6) In this case, as and when it came to the notice of this Commission that liquidation proceedings are initiated against the opposite party, a notice has been issued to the official Liquidator. The Official Liquidator filed a statement in detail on 04/07/2016 which admitted by the complainant also. The arguments put forward by the opposite party is true and correct and admitted by the complainant.
So the complaint is dismissed.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 27th day of August 2020.
Sd/- Sd/- Sd/-
Sreeja S. Dr.K.Radhakrishnan Nair C. T. Sabu
Member Member President
Appendix
Complainants’ Exhibits :
Ext. P1 copy of Kuri Pass book
Ext. P2 copy of brochure of opposite party company
Ext. P3 copy of notice send to opposite party dtd. 13/04/09
Ext. P4 copy of South Indian Bank cheque bearing no. 612006 dtd. 12/08/09 for
Rs.1,20,000/-;
Ext. P5 copy of Cheque return memo dtd. 18/08/2009 issued by the Kuttanellur
Service Co-operative Band Ltd. No. 758
Ext. P6 copy of lawyer notice dtd. 24/08/2009
Ext. P7 copy of Postal Receipt and A/d card
Ext. P8 copy of complaint filed before the Sub Inspector of Thrissur town east
police station by the complainant.
Id/-
President
