The move to wind up the defunct Clico Investment Bank (CIB) will go ahead, despite an effort by the National Gas Company (NGC) to thwart it. On Monday, the Court of Appeal ruled that CIB interim manager Carl Hiralal–Inspector of Financial Institutions–was procedurally correct in the winding-up petition before the court.
In an oral ruling, Chief Justice Ivor Archie ruled that the petition was not wrong in law and Hiralal had the power to bring the petition under the Companies Act. Archie, Wendell Kangaloo and Humphrey Stollmeyer comprised the panel. NGC, led by Dr Claude Denbow, was however, successful in convincing the panel that Justice Ronnie Boodoosingh had erred in not allowing NGC to examine the procedure of the petition before him. According to the panel, the judge sitting in the lower court should have heard the arguments.
Boodoosingh is also hearing the winding-up petition brought by the NGC.
Denbow, who leads Dharmendra Punwasee and Donna Denbow, had argued that CIB could not wind up itself. Rather, he contended, it was up to interim manager to bring the petition on behalf of the company. The petition will be heard in January. In April, this year, Hiralal filed an application at the High Court to have the company wound up.
He was appointed interim manager of the CIB by the Central Bank. In his affidavit, he stated that the company was "defunct." NGC has objected to the winding up petition, and is seeking to recover more than $1.1 billion invested with the CIB.
