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2017 (7) TMI 111

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..... ttee may be constituted as under: 1) Official Liquidator as Chairman. 2) Official representative of respondent no.1 secured creditor. 3) Assistant Official Liquidator. Such sale committee shall undertake the process of disposal of assets and properties of the company under liquidation. - COMPANY PETITION NO. 313 of 2015 - - - Dated:- 28-6-2017 - MR. R.M.CHHAYA, J. For The Applicant : Bhoomi M Thakore, Advocate For The Respondent : Notice Served ORAL ORDER 1. Heard Ms. Bhoomi M. Thakore, learned advocate for the applicant. Though served, no one appears for the respondents. 2. By this summons, the Official Liquidator has prayed as under a. This Hon'ble Court may be pleased to take on record .....

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..... ated 26.05.2016, the Official Liquidator informed all the exdirectors as well as secured creditors requesting them to remain present at 405, Abhiraj Complex, 68/B Swastik Navrangpura, Ahmedabad, being registered office of the company under liquidation, for taking over the possession of the said premises. The Official Liquidator has further averred that Ms.Smita Naire, the exdirector and Asst. General Manager of respondent no.1 remained present on the said date. However, the other director Mr. Suresh Naire did not remain present. The Official Liquidator has further contended that Smt. Smita Naire informed the officials of the Official Liquidator that the premises in question did not belong to the company under liquidation but was owned by M/ .....

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..... Act, 1956 has been submitted by the Exdirectors and the same is sent for its scrutiny to the learned Chartered Accountant on 19.08.2016. The Official Liquidator has also brought on record that the respondent no.1 has also submitted copies of the Memorandum of Deposit of Title Deed, which is also sent for opinion on scrutiny of the learned Advocate Shri Chaitanya S. Joshi. 7. The Official Liquidator has also contended that the statement of the exdirectors as provided under Rule 130 of the Company (Court) Rules, 1959 has been recorded. The Official Liquidator has therefore contended that the assets and properties of the company under liquidation are therefore required to be sold by a public auction by giving public advertisement and theref .....

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