TMI Blog2022 (10) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... O. 14 of 2022 In R/OFFICIAL LIQUDATOR REPORT NO. 48 of 2020 - - - Dated:- 14-10-2022 - HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE MR SHIVANG A THACKER(7424) for the Applicant(s) No. 1 MR INDRAVADAN PARMAR(2738) for the Respondent(s) No. 1 MR AYAAN PATEL AGP for the Respondent(s) No. 2 ORDER Heard learned counsels for the parties. 2. The Official Liquidator has filed the present report with the following prayers:- 18.(A) In view of facts narrated here-in-above, this Hon ble Court be pleased to consider the claim of Gujarat Commercial Tax [GST] as preferential claim under Section 530 (1) (a) of the Companies Act, 1956 in light of claim verification report submitted by M/s. Naimish Shah Co., Chartered Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 07 of 2018 for sale of the aforesaid assets and properties of the company in liquidation. It is further submitted that vide order dated 16.02.2018 in Official Liquidator s Report No. 28 of 2018, this Court has been pleased to confirm the sale of leasehold Industrial land admeasuring about 704.00 sq. mts. along-with building structure Misc. Assets situated at Plot No.C1-30/43, Phase III, GIDC, Naroda, Ahmedabad (except records), for sale consideration of Rs.1,90,00,000/- in favour of M/s. Biocare Solution Pvt. Ltd. On receipt of the entire sale consideration, the Official Liquidator has handed over the possession of the aforesaid assets to M/s. Biocare Solution Pvt. Ltd. 3.3 It is also submitted that this Court vide order dated 0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat they accepted the supplementary report of the Chartered Accountants and requested the Official Liquidator to release their claim amount as adjudicated by Chartered Accountant. 3.6 It is also submitted that on the basis of the claim verification report provided by M/s. Naimish Shah Co., the Official Liquidator filed report being Official Liquidator s Report No. 48 of 2020 inter-alia praying the Court to permit the Official Liquidator to disburse an amount of Rs.64,63,964/- under Section 529 of the Companies Act, 1956 to IDBI Bank Ltd., and also sought permission to appoint Chartered Accountants for verification and adjudication of claim of creditors of the company in liquidation. 3.7 It is further submitted that this Court vide o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,095 72,11,816 2 IDBI Bank Ltd. Secured Creditor 530 (5) 2,58,86,981 2,73,27,374 3 Selvel Media Services Pvt. Ltd., [Petitioning Creditor] Unsecured Creditor 530 (5) 19,09,644 19,09,644 Total Amount of Claim 4,41,63,720 3,64,48,834 3.10 It is further submitted that on receipt of the aforesaid report, the Official Liquidator has vide its letter dated 04.10.2021 forwarded copy of the of said report to creditors of the company in liquidation with a request to them to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that on receipt of the aforesaid report, the Official Liquidator has vide its letter dated 16.11.2021 forwarded a copy of said report to creditors of the company in liquidation with a request to them to furnish their comment / opinion on clarification given by Chartered Accountants qua adjudication of their respective claim. 3.14 It is further submitted that in response of letter dated 16.11.2021 issued by the Official Liquidator, the IDBI Bank Ltd. vide its letter dated 23.11.2021 forwarded its reply wherein IDBI Bank Ltd., again raised objection qua admissibility of claim of Gujarat Commercial Tax (GST) and informed that since claim of GST is beyond 12 months, hence, the claim of GST can t be permitted for admission. The Offici ..... X X X X Extracts X X X X X X X X Extracts X X X X
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