Bombay High Court
OFFICIAL LIQUIDATOR OF TRANSPOWER ENGINEERING LTD. (IN LIQUIDATION)versusMETAL TUBES AND ROLLING MILLS (PETITIONER)
- Decided
- Disposal
- DISPOSED OFF
- Bench
- ARIF S DOCTOR
Holding
The court held that the Official Liquidator may pay the senior counsel’s fees from the common pool fund and recover the amount with interest when funds become available.
Summary
The Official Liquidator sought the court’s permission to pay senior counsel Sharan Jagtiani’s fees of Rs. 10,20,000 from the common pool fund, with a direction to recoup the amount plus 9% simple interest when the liquidated company’s funds become available. The petition was filed by M/s. Metal Tubes and Rolling Mills. The court examined the order appointing the senior counsel and the fee memo. Finding no funds in the company’s liquidation account, the court allowed the Official Liquidator’s report, permitting payment from the common pool and ordering adjustment when funds are received. The report was subsequently disposed of.
Issues considered
- Whether the Official Liquidator may be permitted to pay senior counsel’s fees from the common pool fund and later recover the amount with interest under the Companies Act, 1956.
Legislation cited
Subjects
- Official Liquidator
- senior counsel fees
- common pool fund
- Companies Act 1956
- liquidation
- legal fees
Judgment
1/2 19-OLR-63-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
OFFICIAL LIQUIDATOR REPORT NO. 63 OF 2026
IN
COMPANY PETITION NO. 606 OF 1998
In the matter of Companies Act, 1
of 1956;
And
In the matter of Transpower
Engineering Ltd. (In Liqn.)
M/s. Metal Tubes And Rolling Mills ...Petitioner
_______
Mr. Mutahaar Khan, for the Official Liquidator.
Mr. Satyajit Roul, Official Liquidator, present.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 6th FEBRUARY, 2026
P.C.
1. The Official Liquidator Report seeks the following direction:
"(a) Whether in view of para (8) above, this Hon'ble court may be pleased
to permit the Official Liquidator to pay the total outstanding bill of
Senior Counsel Sharan Jagtiani for sum of Rs. 10,20,000/- (Rupees
Ten Lakhs Twenty Thousand only) from Common Pool Fund Account
of the Official Liquidator and further may be permitted to recoup the
same alongwith 9% simple interest as and when the fund is available
to the credit of the company (In Liqn.);"
2. Having heard Mr. Khan, learned counsel for the Official Liquidator, who
tenders a copy of the order dated 13 th February 2019, by which the learned
senior counsel was appointed as also having perused the context of the Official
Liquidator's Report, the orders appended to the report which show appearances
Vaibhav
2/2 19-OLR-63-2026.DOC
of learned senior counsel for the Official Liquidator and having perused the
memo of fess which reflects the fees charged for the appearances of learned
senior counsel.
3. I find that the Official Liquidator Report would have to be allowed. The
Official Liquidator's Report is accordingly allowed in terms of prayer clause (a).
4. Since there are no funds presently in the account of the company in
liquidation, the amount shall be paid from the common pool fund. In the event
the company is in receipt of funds, an adjustment shall accordingly be made.
5. The Official Liquidator's Report is accordingly disposed of.
[ARIF S. DOCTOR, J.]
Vaibhav
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