Official Liquidator Of Various ... vs Unknown

1. The Official Liquidator has preferred this Report seeking following directions:

"(A) This Hon'ble Court may kindly consider the 7th batch of training programme as proposed by the Indian Institute of Corporate Affairs, Ministry of Corporate Affairs, Manesar, for the training of the officers, staff including company paid staff of the Office of the Official Liquidator for approval and permit the Official Liquidator Page 1 of 5 HC-NIC Page 1 of 5 Created On Fri May 06 01:43:40 IST 2016 O/OLR/27/2016 ORDER to meet out the expenditure estimated as Rs.76,700/­ per person approximately out of the common pool fund account as maintained by the Office of the Official Liquidator, Ahmedabad.

(B) This Hon'ble Court may kindly permit the Official Liquidator to depute two (2) officers/officials of the office of the Official Liquidator for 7th batch of training keeping in mind the staff strength and compliance requirement of orders of the Hon'ble court.

(C) Such other and further orders and directions as this Hon'ble Court may deem, just and proper in the matter may also be passed."

2. From the Report, it can be discerned that the High Court of Delhi, vide its order dated 01.08.2012, passed in Writ Petition (C) No.3175 of 2012, had directed the Union of India, through the Ministry of Corporate Affairs and the Indian Institute of Corporate Affairs, Manesar, Gurgaon, to devise a course module for the training of the personnel in the office of the Official Liquidators. Pursuant thereto, the Indian Institute of Corporate Affairs, Manesar, Gurgaon had devised a detailed training programme and intimated all the Official Liquidators regarding the Page 2 of 5 HC-NIC Page 2 of 5 Created On Fri May 06 01:43:40 IST 2016 O/OLR/27/2016 ORDER same, along with the expenses to be incurred by the Official Liquidators for the training of their staff. The Indian Institute of Corporate Affairs, vide its letter dated 26.11.2014, has intimated the Office of the Official Liquidator regarding the detailed training programme and the fee structure for the training of the officials and staff of the office of the Official Liquidator as below:

(a) Cost of training per person ­ Rs.76,700/­

(b) Duration of Course ­ 04 weeks (excluding Saturdays, Sundays and Government holidays) or effective twenty working days.

3. The Official Liquidator had filed Official Liquidator Report No.20 of 2015 and Official Liquidator Report No.90 of 2015, seeking the permission of the Court to send the staff of his Office for training and for permission to pay the expenditure out of the common pool fund accounts. This Court, vide its order dated 05.02.2015, passed in Official Liquidator Report No.20 of 2015 and the order dated 14.08.2015, passed in Official Liquidator Report Page 3 of 5 HC-NIC Page 3 of 5 Created On Fri May 06 01:43:40 IST 2016 O/OLR/27/2016 ORDER No.90 of 2015, permitted the Official Liquidator to send his staff for training. Pursuant to the above directions, the Official Liquidator had sent seven personnel from his office for training. As of now, there are about fifteen staff members, who are eligible to undergo the training. The Indian Institute of Corporate Affairs, Ministry of Corporate Affairs, Manesar, has, vide its letter dated 19.04.2016, intimated the office of the Official Liquidator regarding the 7th batch of the training programme which is commencing from 09.05.2016 and has requested the Official Liquidator to nominate 05 (five) number of personnel for the said training.

4. In the present Report, the Official Liquidator has submitted that there are sufficient funds available in the common pool fund accounts to meet with the expenses for sending 2 (two) personnel of the office of the Official Liquidator to undergo the training, which is commencing from 09.05.2016. As the said period falls during the Court vacation, this period may be opportune for the training without affecting the work in the Office of the Official Page 4 of 5 HC-NIC Page 4 of 5 Created On Fri May 06 01:43:40 IST 2016 O/OLR/27/2016 ORDER Liquidator.

5. Heard Mr.J.S. Yadav, learned advocate for the Official Liquidator. He has reiterated the submissions as narrated in the Official Liquidator Report.

6. In view of the fact that there are sufficient funds available to depute 2 (two) Officials from the Office of the Official Liquidator for the 7th batch of training programme, which is commencing from 09.05.2016, the Official Liquidator is permitted to send two personnel for the said training.

The Official Liquidator is also permitted to meet with the expenditure of Rs.76,700/­ per person for the said training out of the common pool fund accounts as maintained in his Office.

5. The report is disposed of, as above.

(SMT. ABHILASHA KUMARI, J.) piyush Page 5 of 5 HC-NIC Page 5 of 5 Created On Fri May 06 01:43:40 IST 2016