HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY COMPANY APPEAL No.18 of 2011 Date:01.07.2014 Between:
The Assistant Commissioner of Central Excise, Nalgonda Division.
……Appellant And:
M/s Garvee Granites Limited (in liquidation), Hyderabad, reptd by the Official Liquidator Counsel for the appellant: Sri Bathula Raj Kiran Counsel for the respondent: Sri M.Anil Kumar The Court made the following:
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY COMPANY APPEAL No.18 of 2011 JUDGMENT:
This Company Appeal is filed against order, dated 19.07.2013, of the Official Liquidator to the extent he has rejected the claim of the appellant for Rs.72,49,540/- covered by Assessment order No.01/ADJ(C.Ex.)/2010, dated 17.02.2010.
A perusal of the above-mentioned order passed by the Official Liquidator shows that while admitting two claims for Rs.4,69,235/- and Rs.2,000/- covered by two separate Assessment Orders, he has refused to admit the above-mentioned claim of the appellant covered by Assessment Order, dated 17.02.2010 on the ground that the said order is passed much after this Court has passed order, dated 20.09.2001, ordering winding up of the Company in liquidation.
Under Section 446(1) of the Companies Act, 1956 (for short ‘the Act’), when a winding up order has been made or the Official Liquidator has been appointed as Provisional Liquidator, no suit or other legal proceeding shall be commenced, or if pending on the date of the winding up order, shall be proceeded with, against the company, except by leave of the Court and subject to such terms as the Court may impose.
Undisputedly, the Assessment Order, dated 17.02.2010, was passed after the company in liquidation was ordered to be wound up by this Court and no leave as required under Section 446(1) of the Act was obtained by the appellant for passing the assessment order.
In this view of the matter, I do not find any error in the order passed by the Official Liquidator refusing to admit the claim of the appellant in respect of the purported liability fastened on the company in liquidation under assessment order, dated 17.02.2010.
For the above-mentioned reasons, the Company Appeal is dismissed.
JUSTICE C.V.NAGARJUNA REDDY
01st July, 2014 DR