TMI Blog2002 (8) TMI 563X X X X Extracts X X X X X X X X Extracts X X X X ..... th rule 94(11)( b ) of the Companies (Court) Rules, 1959 seeking the following relief: "( i )Permitting the Official Liquidator to publish in Eenadu (Telugu Daily) as to the sale of the car by public auction to be conducted at Office premises of the Official Liquidator; ( ii )to circulate the hand bills as to the sale of the Premier Padmini NE 118, 1995 modal bearing No. A.P. 10G 2142 among various Central Government offices situated at Kendriya Sadan, Koti, Hyderabad; ( iii )To confirm the sale on receipt of total money on the spot (only if the offer is on and above of Rs. 30,000 within the range of the realizable market value given by the values); ( iv )To incur the advertisement expenditure from and out of the funds of the compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in confirmity with the valuation report referred to above where it was valued at Rs. 70,000 as realizable value. But, contrary to the said report, the Official Liquidator has misused his office and obtained another report from another valuer without any authority and without any sanction of the court and disposed of the same. The relevant file shows that the Official Liquidator had indulged in many irregularities, for which he should be proceeded against for appropriate action by the concerned authorities. This Court had already noticed the irregularities committed in RCC No. 5 of 1997, viz., Republic Forge Company. It is brought to my notice that the Regional Director is having administrative control over the officials of the Departm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s made in utter violation of principles of natural justice and without hearing the appellant. The learned counsel contended that the finding of the learned Company Judge that the appellant-official liquidator has misused his office is a very serious charge, which has the effect of tarnishing even the image and integrity of the appellant and if it is allowed to stand, it would also violate his civil liberties and freedoms and that such a finding could not have been recorded by the learned Company Judge without giving an opportunity to the appellant to explain his conduct. Admittedly, the order impugned in the appeal was passed by the learned Company Judge without giving any opportunity to the appellant to explain his conduct. It is brought t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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