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2021 (10) TMI 694 - Tri - Companies LawSeeking appointment of Company Liquidator - seeking direction to the directors and officers of the Company to submit to the Liquidator, within 30 days from the date of order, the books of accounts of the company completed and audited upto the date of the order - seeking direction to the directors and officers of the Company to submit the statement of affairs of the Company under Section 274(1) - service of notice to the petitioner to whom the order required to be served - seeking order to constitute a winding up committee under Section 277(4) to assist and monitor the progress of liquidation proceedings - seeking permission to the Company Liquidator to submit the report under Section 181(1) read with Rule 25(1) within 60 days from the date of the order in this IA - seeking order to fix the fee of the Provisional Liquidator and the Company Liquidator - Sections 241, 242, 59 read with 447 of the Companies Act, 2013. HELD THAT:- The applicant herein is appointed as the Liquidator. However, this Tribunal issued Form WIN -8 appointing Shri Mukesh K.P applicant herein as the Provisional Liquidator. Without objecting to the appointment as “Provisional Liquidator” instead of “Liquidator” the applicant performed his duties and submitted a report on 30.03.2021 and filed Form INC-28 before the RoC Kerala. In the report it is stated that there was no co-operation from the side of the Directors or Officers of the Company. Now stating that he has been appointed as Liquidator by this Tribunal vide its order dated 19.03.2021, an order appointing him as “Company Liquidator” in Form WIN 11,12 and 13 is necessary to complete the duties assigned to him by this Tribunal. On-going through the relevant rules, it is found that the correct Form to be issued to the applicant is Form WIN 11,12 and 13. Since the Liquidation order has already been passed by this Tribunal vide order dated 19.03.2021, some of the other reliefs sought by the applicant are not to be considered at this stage - this Tribunal is to constitute a Winding Up Committee to assist and monitor the progress of liquidation proceedings by the Company Liquidator. Seeking prayer for further 60 days’ time - HELD THAT:- Since more than 6 months already taken by the Provisional Liquidator, this Tribunal is of the opinion that 30 days more time can be granted to the Company Liquidator to complete his duties and submit the report. Fees of the Provisional Liquidator and Company Liquidator - HELD THAT:- This Tribunal fix the fee of ₹ 50,000/- for completing the winding up proceedings. This fee shall be paid by the petitioner to the company Liquidator on completion of his duties and submitting the winding up report before this Tribunal. Application disposed off.
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