Hon'ble Raghvendra Kumar,J.
Heard Sri Tarun Agarwal learned counsel for the appellant, Sri Krishna Agarwal for the Official Liquidator and Sri Ravi Prakash Kushwaha holding brief of Sri Ashish Mishra for the PICUP.
An application dated 5.1.2003 was filed jointly by the learned counsel for the appellant and the counsel for the respondent PICUP stating therein that since an One Time Settlement has been arrived at and the PICUP being the only secured creditor whose dues have been cleared of, the winding up order should be set aside.
After the filing of the said application a supplementary affidavit was also filed in this regard on 14.12.2003 indicating as to the manner in which the settlement was arrived at keeping in view the interest that was to be transferred in favour of proposed purchaser M/s. Brij Oil Refinery (P) Ltd.
During the pendency of this application a supplementary affidavit was filed on behalf of appellant annexing therewith an audit report and balance sheet of the company but the same relates up to year 2013 only. To this a response has been filed by the Official Liquidator and in para 12 of the affidavit certain objections have been taken.
Learned counsel for the appellant may, therefore, may be required to file the current balance sheet of the company and the status of the loan of the company as well by an appropriate affidavit before the matter is proceeded further to consider the application dated 5.1.2003.
Let the said affidavit be filed along with the relevant documents within a week.
Official Liquidator will have a week to file a response to the same.
List immediately after the expiry of two weeks.
Order Date :- 20.4.2016 Om.