Created by Fuzzy Cloud

Bombay High Court

OFFICIAL LIQUIDATOR OF TRANSPOWER ENGINEERING LTD. (IN LIQUIDATION)versusMETAL TUBES AND ROLLING MILLS (PETITIONER)

Decided
Disposal
DISPOSED OFF

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.