Office is directed to rearrange all these matters into three groups. One group will consist of cases already disposed of wherein E.As. already been filed. They appear to be matters against S. Tel Pvt. Ltd. against which liquidation proceeding is going on in Punjab Haryana High Court. The Official Liquidator has already filed a short status report in a similar matter (T.P. No. 78 of 2015). We through similar status report and passed the following order:—
“On going through the earlier orders, particularly, one dated 4.5.2017, and the documents filed on behalf of Official Liquidator representing the respondent, we find that in spite of clear directions by this Tribunal that Official Liquidator shall prepare chart showing the money available in the accounts of the company pending with any authority and the exact amount of claims against respondent company claimed by borrowers etc., the chart has not been provided to us so far.
By way of last opportunity, we grant one week's further time to comply with the said directions.
On the assurance by the learned counsel representing the Official Liquidator that chart shall be presented before Tribunal within that time, post the matter under the same head on 20.7.2017.”
We reiterate the same order in these matters also. In these matters also a chart showing assets and liabilities in similar fashion be filed by the next date. List these matters along with T.P. No. 78 of 2015 on 20.07.2015.
The second bunch should be of Telecom and Broadcasting petitions directed against Tulip Telecom Ltd. which is under liquidation and the proceedings are pending in Delhi High Court. The Official Liquidator has already appeared in those matters also. We clarify in T.P. No. 173 of 2013, Tulip Telecom Ltd. was the original petitioner but we have been informed that Tulip's petition has been disposed of and now that matter is pending at the instance of respondent, Tata Teleservices Ltd. which has raised counter claims. Hence, No. 173 of 2013 will also form a part of this bunch along with B.P. No. 223 of 2016, which is not listed today.
The third bunch shall consist of telecom petitions directed against Loop Mobile India Pvt. Ltd. against which liquidation proceedings are pending in Bombay High Court. On notice the official liquidator is present before us through its counsel.
The second and third bunch may be listed one after another on the next date i.e. 09.08.2017. Copies of the entire pleadings should be served on the counsel for the official liquidator so that respondents may be effectively represented before this Tribunal adjudication. It is noticed that as per the stand of the Official Liquidator, a preliminary issue has arisen: whether the petitioners require take permission of the High Court in the pending liquidation proceedings for proceeding with the present matters in the Tribunal light of section 446 of erstwhile Companies Act and Section 279 of the Companies Act, 2013. The Official Liquidators in the matters relating to Tulip Telecom Ltd. and Loop Mobile India Ltd. shall be at liberty to file initially a short reply on the preliminary issue but advised, they may file a detailed reply also. The preliminary issue shall be taken up on the next date i.e. 09.08.2017.
We have examined the records of T.P. No. 469 of 2013 and on hearing the counsel for the parties, we are inclined to allow prayer made in M.A. No. 178 of 2017. As a result the name of the petitioner shall stand substituted by “Vodafone Mobile Services which has come into existence on account of amalgamation.
The reply on behalf of Official Liquidator, at least on the preliminary issue, should be filed within two weeks from today. Rejoinder, if any, may be filed within one week thereafter.