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TMI Blog2009 (10) TMI 538X X X X Extracts X X X X X X X X Extracts X X X X ..... inst the orders passed by the learned company judge functioning as a company court and the appellant being the official liquidator, who incidentally also happens to be the official liquidator attached to the court when the company court is supervising the winding up proceedings of a company which has been ordered to be wound up by the very court. 2. In view of the position of the official liquidator, who is virtually a limb of the company court and the order that is questioned being the order of the company court itself, we entertained a doubt as to whether the official liquidator, who is part of the court itself, can turn around and question the legality of the order passed by the company court. 3. On this aspect, we have heard Sri Deepa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as 1 ; AIR 1965 SC 507, to submit that the Supreme Court had occasion to examine the scope of the corresponding statutory provision under the erstwhile Indian Companies Act, 1913 and section 202 of this Act corresponding to the present section 483 of the Act. Learned counsel also submits that in terms of this judgment, it has been recognised that the official liquidator has the power to file an appeal and maintain an appeal under section 483 and provisions of section 457 confer such a power on the official liquidator. 6. Sri Manjunath, learned counsel appearing for the first respondent would point out that the official liquidator, assuming that he represents the company has no independent existence and that he comes into the picture only b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the official liquidator", if at all, it can be understood as the functions and duties of the official liquidator and not any power. After all, the official liquidator comes on the scene only as an official attached to the company court for supervising the winding up proceedings of a company, which is being done under the supervision of the company court. The official liquidator can never claim an independent status or identity, but for the recognition under the Act for the purpose of assisting the company court as is available in our legal system. The courts, particularly judges, who man the courts do not function as administrators and winding up operation is essentially an administrative function for salvaging the assets of the company f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Deepak, learned standing counsel for the official liquidator has submitted that it has never been a practice to seek permission or sanction from the court in every case of filing an appeal by the official liquidator, it can be deemed to be sanctioned, the moment the court takes note of the appeal, recognising the filing of the appeal and directing issue of summons to the respondents in itself may be one possibility, to presume that there is deemed permission but that cannot be the rule always and it can only be an exception in a justifiable circumstance. 10. Even here, though the provisions of section 458 of the Act to which our attention is drawn by Sri Manjunath, learned counsel, does provide for a situation to confer on the official l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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