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2008 (5) TMI 405 - HIGH COURT OF GUJARATWinding up - Fees to be credited to Central Government - seeking permission of this Court to deduct an amount of ₹ 3,54,90,803 from the liquidated assets of the 103 Companies (In Liquidation) as per Annexure A to this report, in terms of rule 291 of the Companies (Court) Rules, 1959 and to pay the said amount to the public account of India Held that:- A close reading of rule 291 reveals that Central Government fees are to be charged by the Official Liquidator at the stage of collection or realization. Fees charged at the stage of disbursement under the provisions of sub-rules (3) and (4) of rule 291, are required to be deducted from the amount collected or realized. After effecting such deduction of the amount so disbursed and the deduction of expenses incurred by the Official Liquidator, fees can be charged on such balance amount. In the above view of the matter, the Official Liquidator is hereby directed to recalculate the amount of fees to be collected under the respective heads and only on those items which are covered under rule 291(2)(i) or 291(2)( ii) or 291(4) are to be considered. Subject to the aforesaid directions and observations, this report is accordingly, disposed of in the above terms.
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