Delhi

West Delhi

CC/15/493

SARABHJINDER SINGH - Complainant(s)

Versus

LML LTD. - Opp.Party(s)

14 May 2024

ORDER

 

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION-III (WEST)

C-150-151, COMMUNITY CENTRE, JANAKPURI,

NEW DELHI-110058

 

CC/493/15

 

IN THE MATTERS OF:-

 

Sarabhjinder Singh                          ……COMPLAINANT

 

VERSUS

 

LML Ltd. & Anr.                                         ……OPPOSITE PARTIES  

  

                                                            

Coram:

• Ms. SONICA MEHROTA(PRESIDENT)
• Ms. RICHA JINDAL (MEMBER)
• Mr. ANIL KOUSHAL (MEMBER)

Order passed by Ms. Sonica Mehrotra, President

Present: Adv. Gagandeep Kaur alongwith Complainant.

    None for OP.

DATE: 14/05/2024

ORDER

 

Today Counsel for Complainant moved an application for seeking directions with regard to release of vehicle which is in possession of OP. Application taken on record. During the arguments, Counsel for Complainant admitted that although OP has already gone into liquidation and liquidation proceedings already initiated, he prayed that he is in dire need of the subject vehicle and the scooter/ vehicle in question is still in possession of OP since 2015 and now Official Liquidator has already been appointed. In light of recent pronouncement by Hon’ble NCDRC in Hindustan Aeronautics Ltd. Vs Elbee Services Ltd. passed on 04/01/2024 in CC No. 158/2003 vide which Hon’ble NCDRC held that since the complaint was filed before the company went under liquidation, whatever be the status of the liquidation, all the interests of the complainant are since under control and are looked after by the Official Liquidator, thereafter liability for any deficiency can be taken care of for being compensated by the Official Liquidator for seized for the company matters/affairs. The present complaint has been filed in 2015, the OP went into liquidation vide order dated 23/03/2018 before Hon’ble NCLT Allahabad Bench & Hon’ble NCLT was pleased to appoint Mr. Arun Gupta as liquidator vide order dated 11/04/2018 to carry out process of liquidation as per process of Insolvency & Bankruptcy Code 2016. The application is therefore allowed in the interest of justice. Accordingly, Official Liquidator is directed to facilitate handing over scooter in question bearing model no. CVT150DX4SES and registeration no. DL8SBQ6775 black in colour to the complainant in compliance of this order.

 

(Richa Jindal)         Member

(Anil Kumar Koushal)                 Member

(Sonica Mehrotra)                       President