w w w . L a w y e r S e r v i c e s . i n



Sampooran Layer Farming Pvt. Ltd. v/s Indian Overseas Bank & Another


Company & Directors' Information:- C AND M FARMING LIMITED [Active] CIN = U01110MH1980PLC022710

Company & Directors' Information:- R P G OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035238

Company & Directors' Information:- M K OVERSEAS PRIVATE LIMITED [Active] CIN = U25209DL1987PTC029976

Company & Directors' Information:- P K OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059051

Company & Directors' Information:- U & M OVERSEAS PRIVATE LIMITED [Active] CIN = U25200DL2007PTC165258

Company & Directors' Information:- B R K OVERSEAS PRIVATE LIMITED [Active] CIN = U51311DL2002PTC117390

Company & Directors' Information:- A V I OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059014

Company & Directors' Information:- INDIAN OVERSEAS CORPORATION PRIVATE LIMITED [Active] CIN = U51900DL2010PTC203948

Company & Directors' Information:- J C OVERSEAS LIMITED [Active] CIN = U65993WB1999PLC090116

Company & Directors' Information:- J S OVERSEAS PVT LTD [Active] CIN = U74899DL1994PTC058039

Company & Directors' Information:- H A OVERSEAS PRIVATE LIMITED [Active] CIN = U55101CH1999PTC032886

Company & Directors' Information:- B. R. OVERSEAS LIMITED [Active] CIN = U24111MP1973PLC001244

Company & Directors' Information:- A T OVERSEAS LTD [Active] CIN = U17115PB1995PLC015815

Company & Directors' Information:- A L OVERSEAS PRIVATE LIMITED [Active] CIN = U15300DL2013PTC250975

Company & Directors' Information:- D R OVERSEAS PRIVATE LIMITED [Active] CIN = U15122DL2013PTC253214

Company & Directors' Information:- M R OVERSEAS PRIVATE LIMITED [Active] CIN = U01111DL1998PTC092787

Company & Directors' Information:- B C C OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC058775

Company & Directors' Information:- R B OVERSEAS PVT LTD [Active] CIN = U24200MH1982PTC028320

Company & Directors' Information:- S L OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1999PTC099800

Company & Directors' Information:- B L OVERSEAS PRIVATE LIMITED [Active] CIN = U51109DL2008PTC177039

Company & Directors' Information:- G D R OVERSEAS LIMITED [Strike Off] CIN = U51909TN1994PLC028831

Company & Directors' Information:- S. B. OVERSEAS PVT LTD [Active] CIN = U27101WB1994PTC065565

Company & Directors' Information:- G B OVERSEAS PRIVATE LIMITED [Active] CIN = U51109WB2007PTC116567

Company & Directors' Information:- G B OVERSEAS PRIVATE LIMITED [Active] CIN = U74110DL2007PTC317094

Company & Directors' Information:- AT OVERSEAS INDIA PRIVATE LIMITED [Active] CIN = U74900DL2015PTC276303

Company & Directors' Information:- M D OVERSEAS LIMITED [Active] CIN = U52110DL1980PLC011099

Company & Directors' Information:- R C OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045610

Company & Directors' Information:- S. R. O. OVERSEAS PRIVATE LIMITED [Active] CIN = U51101DL2014PTC268846

Company & Directors' Information:- K P OVERSEAS LIMITED [Active] CIN = U51311DL2004PLC125574

Company & Directors' Information:- M I OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC026966

Company & Directors' Information:- R F OVERSEAS PRIVATE LIMITED [Active] CIN = U51909PB1997PTC019643

Company & Directors' Information:- M R K OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018631

Company & Directors' Information:- L & W OVERSEAS PRIVATE LIMITED [Active] CIN = U17221PB2013PTC037343

Company & Directors' Information:- C D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC085553

Company & Directors' Information:- J D OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC038866

Company & Directors' Information:- AMP OVERSEAS PRIVATE LIMITED [Active] CIN = U50300DL1999PTC099730

Company & Directors' Information:- A A P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909KA2007PTC042105

Company & Directors' Information:- K G OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054832

Company & Directors' Information:- OVERSEAS CORPN. PVT LTD [Active] CIN = U67120WB1947PTC014910

Company & Directors' Information:- G R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC050950

Company & Directors' Information:- A M D OVERSEAS PRIVATE LIMITED. [Active] CIN = U52110DL1980PTC010622

Company & Directors' Information:- M R FARMING PRIVATE LIMITED [Active] CIN = U01122WB1996PTC081281

Company & Directors' Information:- M R FARMING PRIVATE LIMITED [Active] CIN = U01122CT1996PTC008212

Company & Directors' Information:- M S D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC069001

Company & Directors' Information:- R K G OVERSEAS PRIVATE LIMITED [Active] CIN = U51229DL1997PTC086734

Company & Directors' Information:- S S FARMING PRIVATE LIMITED [Strike Off] CIN = U01112RJ2007PTC023969

Company & Directors' Information:- N D OVERSEAS PRIVATE LTD [Converted to LLP] CIN = U51900MH1994PTC076787

Company & Directors' Information:- N W OVERSEAS PRIVATE LIMITED [Active] CIN = U51507HR1999PTC034265

Company & Directors' Information:- R. G. OVERSEAS LIMITED [Strike Off] CIN = U27104TN1981PLC008963

Company & Directors' Information:- P M OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL1991PTC045126

Company & Directors' Information:- J M B OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB1997PTC085224

Company & Directors' Information:- S C J OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC052913

Company & Directors' Information:- M C S OVERSEAS PVT LTD. [Strike Off] CIN = U51909WB1994PTC063666

Company & Directors' Information:- B. J. OVERSEAS PVT. LTD. [Strike Off] CIN = U24134WB1994PTC063846

Company & Directors' Information:- A H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51109UP1977PTC004421

Company & Directors' Information:- R M OVERSEAS LTD [Active] CIN = U51909PB1992PLC011971

Company & Directors' Information:- E-FARMING (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72200TG2002PTC039877

Company & Directors' Information:- L O P OVERSEAS PRIVATE LIMITED [Active] CIN = U51109UP2001PTC026011

Company & Directors' Information:- R R OVERSEAS LTD [Active] CIN = U51909DL1993PLC054909

Company & Directors' Information:- U D OVERSEAS PRIVATE LIMITED. [Strike Off] CIN = U74999DL2000PTC105257

Company & Directors' Information:- S A OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2001PTC112769

Company & Directors' Information:- FARMING INDIA PRIVATE LIMITED [Active] CIN = U15100UP2020PTC126685

Company & Directors' Information:- A H R OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2000PTC103069

Company & Directors' Information:- H S OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2008PTC182147

Company & Directors' Information:- S G OVERSEAS PRIVATE LIMITED [Active] CIN = U18101DL2000PTC105649

Company & Directors' Information:- R AND R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL1987PTC030154

Company & Directors' Information:- D & D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51420OR2009PTC010779

Company & Directors' Information:- A TO Z OVERSEAS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031342

Company & Directors' Information:- J P OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059744

Company & Directors' Information:- R Q OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909MH2012PTC230840

Company & Directors' Information:- J M OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB2008PTC128957

Company & Directors' Information:- D N OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U24119DL1999PTC102409

Company & Directors' Information:- A-3 OVERSEAS PRIVATE LIMITED [Active] CIN = U36900HR2016PTC063750

Company & Directors' Information:- R S T FARMING PRIVATE LIMITED [Active] CIN = U74999WB2020PTC240014

Company & Directors' Information:- D M OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74900DL1995PTC072532

Company & Directors' Information:- B R V K OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL1982PTC014130

Company & Directors' Information:- OVERSEAS (INDIA) LTD [Strike Off] CIN = U51909WB1945PLC012624

Company & Directors' Information:- B N OVERSEAS PVT LTD [Strike Off] CIN = U74899DL1991PTC042764

Company & Directors' Information:- S N R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U00063KA1996PTC019873

Company & Directors' Information:- P B M OVERSEAS PVT LTD [Strike Off] CIN = U51311RJ1996PTC011483

Company & Directors' Information:- M H OVERSEAS LIMITED [Strike Off] CIN = U36911UP2000PLC025118

Company & Directors' Information:- V. R. OVERSEAS PRIVATE LIMITED [Active] CIN = U51109WB2006PTC107676

Company & Directors' Information:- THE INDIAN CORPORATION PRIVATE LIMITED [Active] CIN = U65993TN1946PTC000988

Company & Directors' Information:- I E S (OVERSEAS) PVT LTD [Active] CIN = U31200WB1974PTC029343

Company & Directors' Information:- V B OVERSEAS PRIVATE LIMITED [Active] CIN = U28995DL1996PTC077049

Company & Directors' Information:- J N OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060359

Company & Directors' Information:- V C OVERSEAS PRIVATE LIMITED [Active] CIN = U51900DL2007PTC166741

Company & Directors' Information:- T M K OVERSEAS LIMITED [Strike Off] CIN = U51223KL1992PLC006416

Company & Directors' Information:- V E OVERSEAS PVT LTD [Strike Off] CIN = U31909DL1981PTC011849

Company & Directors' Information:- S R D OVERSEAS PRIVATE LIMITED [Active] CIN = U52209DL2008PTC178806

Company & Directors' Information:- C M D OVERSEAS PVT LTD [Active] CIN = U74899DL1995PTC073068

Company & Directors' Information:- M B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061016

Company & Directors' Information:- B G OVERSEAS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1990PTC038859

Company & Directors' Information:- M N OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB2004PTC099257

Company & Directors' Information:- R L K OVERSEAS PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1991PTC043115

Company & Directors' Information:- J S R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52399DL2009PTC190839

Company & Directors' Information:- K D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL1982PTC013342

Company & Directors' Information:- S S B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74120WB1997PTC086041

Company & Directors' Information:- C J OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC045545

Company & Directors' Information:- A AND P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74999DL1992PTC048780

Company & Directors' Information:- V & D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL2009PTC186537

Company & Directors' Information:- P G OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74999DL1982PTC013479

Company & Directors' Information:- S N OVERSEAS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC150004

Company & Directors' Information:- D. T. OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U36911UP1996PTC020289

Company & Directors' Information:- A R C OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036343

Company & Directors' Information:- T D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52590DL2013PTC257410

Company & Directors' Information:- V K OVERSEAS PVT LTD [Strike Off] CIN = U18209CH1990PTC010214

Company & Directors' Information:- J B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U17220DL1983PTC016197

Company & Directors' Information:- K H OVERSEAS PVT LTD [Strike Off] CIN = U51496CH1989PTC009704

Company & Directors' Information:- A. A. OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909PB2008PTC032010

Company & Directors' Information:- Z H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909MH2005PTC155819

Company & Directors' Information:- SAMPOORAN LAYER FARMING PRIVATE LIMITED [Active] CIN = U15117HP2016PTC006332

Company & Directors' Information:- N K FARMING PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC021718

Company & Directors' Information:- E B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101DL2007PTC157263

Company & Directors' Information:- A P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101DL2014PTC271288

Company & Directors' Information:- S H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL2002PTC116516

Company & Directors' Information:- S D S OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC249539

Company & Directors' Information:- L T OVERSEAS PRIVATE LIMITED [Active] CIN = U15122DL2014PTC272665

Company & Directors' Information:- R P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC108954

Company & Directors' Information:- S V OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52100DL2013PTC258278

Company & Directors' Information:- T & Y OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51505HR2012PTC047468

Company & Directors' Information:- G R D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U80301HR2012PTC046968

Company & Directors' Information:- T & T OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51900GJ2015PTC083022

Company & Directors' Information:- S K P OVERSEAS PRIVATE LIMITED [Active] CIN = U51909GJ2013PTC076553

Company & Directors' Information:- P R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U27310GJ2014PTC079227

Company & Directors' Information:- G T C OVERSEAS PVT LTD [Strike Off] CIN = U18101PB1993PTC013743

Company & Directors' Information:- D AND P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18109DL1989PTC038623

Company & Directors' Information:- B G S OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101PB2007PTC031400

Company & Directors' Information:- I P S OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U63030DL1976PTC008356

Company & Directors' Information:- INDIA AND OVERSEAS CORPORATION LIMITED [Dissolved] CIN = U99999MH1947PTC005626

    Civil Writ Petition No. 450 of 2019

    Decided On, 29 February 2020

    At, High Court of Himachal Pradesh

    By, THE HONOURABLE CHIEF JUSTICE MR. L. NARAYANA SWAMY & THE HONOURABLE MR. JUSTICE DHARAM CHAND CHAUDHARY

    For the Appearing Parties: Umesh Kanwar, Arvind Sharma, Advocates.



Judgment Text


1. The petitioner is a private limited company, incorporated vide certificate Annexure P-1. Shri Sumit Khanna, through whom this writ petition has been filed and his wife Rashi Khanna are its Directors as is apparent from the resolution Annexure P-2. The department of industries, Government of Himachal Pradesh vide Annexure P-3 has approved the project proposal qua setting up the industrial enterprises "Poultry feed and processing of broiler Meat manufacturing unit along with slaughter House" at Village Bijapur, Tehsil Amb, District Una, Himachal Pradesh in favour of the petitioner.

2. Admittedly, five FDRs Annexure P-4 (colly.) in the sum of Rs.10,00,000/- (ten lacs) each are prepared in the name of the petitioner-company and already matured for payment on 17.2.2019. The petitioner in order to set up its unit needs finances and for that approached the respondent-Bank to release the amount under the FDRs in its favour, besides, having applied for sanction of loan also. The complaint is that the respondent-bank despite repeated requests failed to release the amount under the FDRs, in favour of the petitioner. The representation Annexure P-5 and legal notice Annexure P-6 also came to be issued in favour of the respondent, but of no avail, hence this writ petition filed with a prayer to issue a writ of mandamus to release the amount under the Fix Deposit receipts Annexure P-4, dated 17.11.2017 issued by the respondent bank, together with upto date interest.

3. The response to the writ petition, by way of preliminary objections in a nut-shell is that the writ petition is not maintainable as the petitioner has concealed material facts from the Court. The FDRs are stated to be not prepared by the petitioner from its own funds and rather from the funds of M/s Sumit Enterprises. The petitioner is also stated to be guilty of illegal diversion of funds in connivance with his family members. Directors of the petitioner Company Sumit Khanna in connivance with his wife Rashi Khanna, his friend Pradeep Singh Jamwal and Anita Seth has cheated the respondent-Bank and also the other banks. A complaint has, therefore, been stated to be made to Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch, Shimla on 16.1.2019, for registration of case against the petitioner qua fraud of crores of rupees i.e. 546 lacs having taken place in Bathu Branch of the bank. It is however, admitted that the petitioner-company has two Directors i.e. Sumit Khanna and Rashi Khanna. They are husband and wife in relation. The petitioner-Company had not taken any loan from the respondent-Bank. Five FDRs amounting to Rs.10,00,000/- are stated to be in the name of petitioner-Company, which have been prepared out of the funds of M/s Sumit Enterprises, a proprietorship firm of Sumit Khanna. Various loans raised by the so called friends Anita Seth and Reena of Sumit Khanna have been referred to in the preliminary submissions. Similarly, various transactions of transfer of funds in the account of Shivam Seth, Rashi Khanna, Pradeep Singh Jamwal, M/s Sumit Enterprises etc. etc. have also been pointed out. The preparation of FDRs amounting to Rs.50,00,000/- fifty lacs is stated to be on account of huge illegal/unexplained transfer of funds.

4. On merits, it is submitted that the petitioner is a private limited company incorporated under the provisions of Companies Act. It is denied for want of knowledge that the petitioner intend to set up its unit at Village Bijapur, Tehsil Amb, District Una. The FDRs are stated to be not prepared from the funds in the account of the petitioner-Company and rather from the funds in the account of M/s Sumit Enterprises. The date of maturity of the FDRs i.e. 17.2.2019 has not been disputed. It is also submitted that no act of respondent-Bank is illegal unreasonable, and irrational. The writ petition has been sought to be dismissed.

5. In rejoinder, the petitioner has controverted the contentions to the contrary in reply being wrong and submitted that Sumit Khanna is the sole proprietor of M/s Sumit Enterprises and for setting up new business of Poultry Layer Farming and Meat Processing Unit had registered the petitioner-company under the companies Act. There is also no dispute so as to he having invested a sum of Rs.50,00,000/- in the form of FDRs from sole proprietorship account of M/s Sumit Enterprises for doing new capital induction in the name of petitioner-company. It is also admitted that Sumit Khanna and Rashi Khanna are the Directors of the petitioner company. M/s Sumit Enterprises is proper legal entity and is in physical existence and is regularly maintaining proper books of accounts. The said Company has no statutory and any kind of liability standing against it till date. Also that Sumit Khanna and Rashi Khanna, the Directors of the petitioner company are not defaulters of any Bank or financial institution. It is denied that the petitioner and its directors were ever involved in illegal transaction of the money from one account to another and thereby cheated the petitioner-Bank or anyone else.

6. On completion of record, we have heard Mr. Umesh Kanwar, Advocate, learned counsel representing the petitioner and Mr. Arvind Sharma, Advocate on behalf of the respondent-Bank and also gone through the records.

7. The short controversy needs redressal in this writ petition is as to whether the respondent-Bank has succeeded in justifying its action in not releasing the FDRs in favour of the petitioner-Company despite the same already matured on 17.2.2019. The answer to this poser in all fairness and in the ends of justice would be in negative for the reason that the stand of the respondent-Bank in reply to the writ petition is in sundry as nothing specific has come on record to justify its action not to release the amount under the FDRs to the petitioner.

8. Admittedly, a sum of Rs.50,00,000/- (fifty lacs) has been invested by the petitioner-Company in the form of FDRs Annexure P-4 (Colly.) Even if it is admitted that the funds for preparation of these FDRs have been utilized from the account of M/s Sumit Enterprises, the respondent-Bank cannot stop the release thereof in favour of the petitioner for the reasons that M/s Sumit Enterprises is a sole proprietorship company of Sumit Khanna, who happens to be one of the Directors of the petitioner company. Another Director of this company is Rashi Khanna, his wife. This Court fails to understand as to how the alleged illegal transfer of the funds in various accounts by the petitioner, his wife and his so called friends Pradeep Singh Jamwal and Anita Seth is coming in the way of release of the amount under the FDRs in question in favour of the petitioner, particularly when as per own admission of the respondent-Bank the petitioner has neither raised any loan from it nor granted a sanction of loan in favour of anyone else. Otherwise also, the respondent-Bank has also made complaint to the Police for registration of case in the matter of frequent transaction of funds in various accounts and it is a matter of inquiry as to whether any illegal transaction of funds from one account to another has taken place or not. However, so far as the sum of Rs.50,00,000/- (fifty lacs) is concerned, the same is lying deposited in the shape of FDRs in the name of the petitioner. Since the department of industries to the Government of Himachal Pradesh has sanctioned the project to set up its industrial Unit by the petitioner at village Bijapur Tehsil Amb, District Una vide Annexure P-3 and as it can reasonably be believed that the petitioner is in need of money to set up its industrial unit, therefore, the respondent-Bank should have released the sum of Rs.50,00,000/- (fifty lacs) to the petitioner particularly when the FDRs stands already matured for payment. The present, therefore, is a case where the action of the respondent-Bank not to release the amount in question is not only harsh and oppressive, but also highly illegal. The same is also violative of fundamental rights guaranteed under Article 19(1) of the Constitution of India. The responden

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t Bank, as a matter of fact, had no occasion to withheld the amount under the five FDRs. Such an act on its part is not legally sustainable and rather patently arbitrary, illegal and violative of the Constitutional provisions. 9. In view of what has been said hereinabove, this writ petition succeeds and the same is accordingly allowed. Consequently, the respondent-Bank is directed to release the amount under the FDRs Annexure P-4 (Colly.) to the petitioner together with interest upto date as prevalent within four weeks from today, failing which the same shall be payable together with 9% extra interest, to be recoverable form the salary of the erring officer(s)/official(s). The writ petition is accordingly disposed of so also the pending application(s), if any. An authenticated copy of this judgment be supplied to learned counsel representing the respondents for compliance.
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