9911796707
TMI Blog2018 (1) TMI 504X X X X Extracts X X X X X X X X Extracts X X X X ..... arises he will be responsible. (b) Such other and further orders and directions as this Hon'ble Court may deem fit and proper may also be passed. [2] Paragraphs no.5 to 13, 17 and 18 read as under. 5. That, the Official Liquidator most respectfully submits that in pursuance of winding up order dated 24.04.2002, the Official Liquidator deputed his officials on 25.07.2002, for taking possession of the company's properties i.e. Registered Office at 19, GIDC, Makarpura, Vadodara - 390 010 and factory premises 87, GIDC Industrial Estate, Por, District : Vadodara. Accordingly, the representatives of Official Liquidator have took possession of both properties of the company in liquidation situated at Registered Office at 19, GIDC, Makarpura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs and workers of the company in liquidation as full and final settlement against their claim in terms of order dated 22.02.2010 passed by Hon'ble High Court in Company Application No.1 of 2010 i.e. Rs. 82,33,125/- to Bank of Baroda, Rs. 54,84,375/- to Anyonya Co. Op. Bank Ltd. and Rs. 26,32,500/- to workers of the company in liquidation. 9. That, the Official Liquidator most respectfully further submits that the Official Liquidator had filed Criminal Case No.5 of 2002 before Hon'ble High Court against the Ex. Directors of the company in liquidation for non filing of Statement of Affairs under Section 545(5) of the Companies Act, 1956. The Hon'ble High Court vide order dated 12.03.2013 passed in Criminal Case No.5 of 2002 has disposed of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the letter dated 18.09.2017 issued to Employees' Provident Fund Organization is annexed hereto and marked as Annexure "F". The Employees' Provident Fund Organization has again sent Adjournment Notice dated 04.10.2017 to the office of the Official Liquidator. A copy of said Adjournment Notice dated 04.10.2017 of Employees' Provident Fund Organization is annexed hereto and marked as Annexure "G". The Official Liquidator vide letter dated 03.11.2017 sent reply to Employees' Provident Fund Organization. A copy of letter dated 03.11.2017 of Official Liquidator is annexed hereto and marked as Annexure "H". However, the Official Liquidator has disbursed the sale proceeds to the secured creditors and workers of the company prior to the order passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Rule 281 of Companies Court Rules, 1959. In addition to the above, the said Chartered Accountant has also verified the record of the Registrar of Companies record in this regard. 18. That, the Official Liquidator most humbly respectfully submits that during the process, prior intimation letters for dissolution of the subject company were sent to the Registrar of Companies, Gujarat, Income Tax Department, Secured Creditors, petitioner creditor and Ex-directors of the subject company regarding proposed dissolution vide Official Liquidator various letters dated 20.09.2017. However, no objection is received by the Official Liquidator. Therefore, the Official Liquidator humbly opine that the subject company may be dissolved at the earliest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the Employees' Provident Fund Act to proceed against Ex-Directors in accordance with law. [4] The Court, having heard learned advocate Ms.Chandarana and considered the contents of the report, finds that as certified by the Chartered Accountant, since there is no fund available with the company and there are no assets and properties of the company, the Official Liquidator shall not be now required to take any action in furtherance of winding up proceedings. Since there are no funds available in the company's account, it will be for the concerned authorities before which the proceedings are pending under the Employees' Provident Fund Act against the company to proceed against the Ex-Directors if so permissible in law for the purpose of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
