C/OLR/35/2025 ORDER DATED: 27/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/OFFICIAL LIQUDATOR REPORT NO. 35 of 2025 In R/COMPANY PETITION NO. 11 of 2013 ========================================================== OFFICIAL LIQUIDATOR OF M/S NISSAN COPPER LTD. (IN LIQUIDATION) Versus NA ========================================================== Appearance: MS BHOOMI M THAKORE(6237) for the Applicant(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 27/06/2025 ORAL ORDER 1. The Official Liquidator has filed the present report with following prayers: -- (A) “In view of facts narrated here-in-above, this Hon’ble Court may be pleased to rectify the action of the Official Liquidator U/s. 459 of the Companies Act, 1956 read with Rule 307 of the Companies (Court) Rules, 1959 for availing the service of Mr. Prabhat Kumar as Advocate on Records to appear before the Hon’ble Supreme Court of India in Special Leave Petition (Criminal) No. 5750 , 5943 , 6398 & 7772 of 2023 filed by ex-directors of the company in liquidation in compliance of the order dated 27.08.2024 passed by the Hon’ble Supreme Court of India. (B) In view of facts narrated at para (8) here-in-above, his Hon’ble Court may be pleased to permit the Official Liquidator to incur necessary expenses of professional fee of advocate appointed before the Hon’ble Supreme C/OLR/35/2025 ORDER DATED: 27/06/2025 Court of India from the Common Pool Account subject to condition that the same will be reimburse out of the sale proceeds of the company in liquidation on priority basis (C) This report is submitted for such other and further orders and directions as may be considered just and appropriate may also be passed in the matter.” 2. In support of the aforesaid prayers, Mrs. Bhoomi Thakore, Ld. Panel Advocate apprised that this Court vide 10.10.2018 passed in Company Petition No. 11 of 2013, passed winding up order of M/s. Nissan Copper Ltd, and the Official Liquidator attached with Court appointed as the Liquidator of the company with directions to act as per the provisions of the Companies Act, 1956. 3. Mrs. Thakore, Ld. Panel Advocate informed that prior to company came in liquidation, company had availed Trade Finance Facilities of `17,00,00,000/- from M/s. SBI Global Factors Ltd., In discharge of said liabilities, erstwhile director of the company, issued thirteen cheques in favour of M/s. SBI Global Factors Ltd. M/s. SBI Global Factors Ltd presented the said cheques for payment. However, said cheque were dishonoured and returned unpaid with reason “Funds Insufficient”. 4. Hence, M/s. SBI Global Factors Ltd., filed compliant bearing C.C. No.4525/SS/2015 before the Ld. Metropolitan Magistrate, 33rd Court, at Ballard Pier, Mumbai for offence punishable u/s. 138 r/w. C/OLR/35/2025 ORDER DATED: 27/06/2025 141 of the Negotiable Instrument Act, 1881 against the director and company. After hearing all concerned, Ld. Metropolitan Magistrate, vide order dated 05.09.2022 convicted the accused for the offence punishable under section 138 r/w. 141 of the Negotiable Instrument Act vide Section 255 (2) of the Code of Criminal Procedures. 5. Being aggrieved by the order dated 05.09.2022, the accused/ex-directors preferred Common Appeal before the Ld. Court of Session at Mumbai under Section 374 of the Criminal Procedures Code,1973 bearing Appeal No.584 of 2022. The Ld. Additional Sessions Judge vide order 03.11.2022 allowed the said application, subject to condition that accused No.01 to 07, jointly and severally liable be directed to pay 25% of the fine amount of `22,40,00,000/- under Section 148(3) of the Negotiable Instrument Act. 6. Being aggrieved by the order dated 03.11.2022, accused preferred Criminal Writ Petition No. 4653 of 2022 before the High Court of Bombay. The High Court of Bombay, vide order dated 03.04.2023 upheld the order dated 03.11.2022 passed by the Ld. Additional Session Judge, Grater Mumbai with direction to accused to deposit the amount as per order dated 03.11.2022. 7. Being aggrieved by the order dated 03.04.2023, accused have preferred Special Leave Petition (Criminal) No. 5750 , 5943 , 6398 & 7772 of 2023 before the Hon’ble Supreme Court of India. The Hon’ble Supreme Court of India vide order dated 27.08.2024 C/OLR/35/2025 ORDER DATED: 27/06/2025 allowed the leave of the applicants to implead the Official Liquidator as party/ respondents in the matter and accordingly, issued notice to the Official Liquidator. In compliance of the said order, the Official Liquidator received a notice dated 13.09.2024 from the Registry of the Hon’ble Supreme Court of India. 8. Mrs. Thakore Ld. Panel Advocate apprised that on receipt of the said notices, the Official Liquidator vide letter dated 04.10.2024 appointed Mr. Prabhat Kumar, Advocate on Record with a request to appear Special Leave Petition (Criminal) No. 5750 , 5943 , 6398 & 7772 of 2023 before the Apex Court. 9. In response of the letter dated 04.10.2024, the Official Liquidator received e-mail dated from 27.02.2025 along-with schedule of fees from Shri. Prabhat kumar, Ld. Advocate-on-Record to proceed with the matter before the Apex Court, in which, he has quoted fees in following manners:-- Sr. No. Particulars Amount (`) 1 Case Preparation / First Appearance / Briefing 1,10,000/- 2 Drafting and Filing of Counter Affidavit / Reply in the Special Leave Petition 1,10,000/- 3 Drafting and Filing of interlocutory Application / Misc. Application etc., 25,000/- 4 Subsequent Appearance before Court/Registrar Court/Chamber Judge 33,000/- 5 Expenses / Court Fee As per actual C/OLR/35/2025 ORDER DATED: 27/06/2025 10. In view of aforesaid submission made by Mrs. Bhoomi Thakore, Ld. Panel Advocate, this court is of the view that Official Liquidator is required to defend the matter before the Apex Court in the interest of the company in liquidation. 11. In view of above, present report is allowed in terms of prayer prayed in para 9(A) & 9(B) of this report. 12. The Report of the Official Liquidator is disposed of, accordingly. (MAUNA M. BHATT,J) NAIR SMITA V./05-SB-I Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/06/2025 12:39:51