M/S Pioneer Alloy Castings Ltd, (In Liqn), v. -
HONOURABLE SRI JUSTICE RAJA ELANGO COMPANY APPLICATOIN No.370 of 2017 IN C.P. No.171 OF 2011 ORDER:
The Official Liquidator, filed this application, under Section 460(4) of the Companies Act 1956 read with Rule 9 of the Companies (Court) Rules, 1959, for an order to:
i.
appoint Sri M. Anil Kumar, Advocate or any other Advocate, as may be ordered by this Hon'ble Court, to file petition before the Hon'ble Debts Recovery Tribunal at Hyderabad and appear/ represent/ contest the case on behalf of the Official Liquidator of M/ s.Pioneer Alloy Castings Limited (In liquidation).
ii.
fix the fee of the Advocate so appointed by this Hon'ble Court as also permit the official Liquidator to pay the Advocate fee besides expenses from the funds of the Estate and Establishment Fund Account being maintained by the Official Liquidator since the company in liquidation does not have any funds to its credit. Later on recoup the same from the funds of the Company (in liquidation). After perusing the records, this Court is of the view that since Mr.Anil Kumar, Advocate, who is appearing before this Court on behalf of Official Liquidator, is conversant with the facts and circumstances of the case, and therefore, he can be appointed as a counsel on behalf of the Official Liquidator to appear/ represent/ contest the case before the Debts Recovery Tribunal at Hyderabad. The Official Liquidator shall pay the fees to be paid to Mr.Anil Kumar for his appearance before the Debts Recovery Tribunal.
Accordingly, the company application is allowed. ______________ RAJA ELANGO, J March 09, 2017 KTL