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Ol Of M/S Ardor International ... vs M/S Santosh Chemicals

High Court Of Gujarat|21 April, 2023
Ms Bhoomi M. Thakore, learned advocate for the Official Liquidator has placed on record the order dated 20.01.2023 passed by this Court in Official Liquidator Report no.5 of 2021 and other allied matters in the matter of OL of M/s Ardor International Pvt. Ltd. (in Liqn) vs. M/s. Ekdant Industries Private Limited. It is submitted that the Official Liquidator Report, in the present company petition, would be governed by the said order inasmuch as, the Official Liquidator, cannot come straightaway before this Court with a prayer made in the captioned reports for directions to the persons who are indebted to the company in liquidation without there being any admission on the part of such person as per the provisions of sub-section (5) of Section 477 of the Companies Act, 1956 (hereinafter referred to as the 'Act of 1956'). It is therefore, urged that the report, is relatable to the company in liquidation and thus, would be governed by this order. It is urged that appropriate orders may be passed.
2. The order dated 20.01.2023 passed by this Court in Official Page 1 of 2 Downloaded on : Fri Apr 21 21:06:13 IST 2023 C/OLR/4/2021 ORDER DATED: 21/04/2023 Liquidator Report no.5 of 2021 and other allied matters in the matter of OL of M/s Ardor International Pvt. Ltd. (in Liqn) vs. M/s. Ekdant Industries Private Limited, is reproduced hereunder:-
"1. All these reports are filed against the persons who are held indebted to the company in liquidation with a prayer to direct such respondents to deposit the amount shown in the Statement of Affairs as outstanding to the company in liquidation by the Directors.
2. These reports are filed purportedly under sections 456, 468 and 477 of the Companies Act, 1956. On perusal of sections 456, 468 and 477 of the Companies Act, it transpires that the Official Liquidator has no right to come before this Court with the prayers made in these reports for direction to the persons who are indebted to the company in liquidation without there being any admission on the part of such persons as per provisions of Sub-section (5) of Section 477 of the Companies Act, 1956. Provisions of sections 456, 468 and 477 of the Companies Act, 1956 does not authorize the Official Liquidator to straight away approach this Court for direction to the persons who are indebted to the company in liquidation as per the amount shown as outstanding in the Statement of Affairs.
3. In view of above, all these reports are disposed of with a liberty to the Official Liquidator to take appropriate action under the provisions of Sections 456, 468 and 477 read with Companies (Court) Rules, 1959 in accordance with law."
3. In view of the order and the fact that the learned advocates, are ad idem to the passing of the order, the captioned Official Liquidator Report, is disposed of with a liberty to the Official Liquidator to take appropriate action under the provisions of Sections 456, 468, 477 of the Act of 1956 read with Company (Court) Rules, 1959 in accordance with law.
(SANGEETA K. VISHEN,J) BINOY B PILLAI Page 2 of 2 Downloaded on : Fri Apr 21 21:06:13 IST 2023
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  • Sangeeta K Vishen