M/S Mahadeo Land Developers Pvt. Ltd. Thr. M.D. v. None

1/2 9-AO.olr.1.2021 in cmp.3.2010.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR COMPANY APPLICATION (CAL) NO. 01 OF 2021 IN COMPANY PETITION NO. 3 OF 2010 (In the matter of M/s Mahadev Land Developers Pvt.Ltd.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Dr. Anjan De, Advocate for Official Liquidator. Mr. Patil, Official Liquidator present in Court. Mr. Dharmnath Prasad, Company Prosecutor present in Court.

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CORAM

: ANIL L. PANSARE, J.

DATE : JUNE 14, 2024.

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Heard.

2.

The Official Liquidator is seeking to condone delay in filing misfeasance proceedings which ought to have been filed within six years from the date of winding up order which was passed on 4/4/2014.

3.

One of the reasons for delay is that M/s P. B. Tikait & Co. Chartered Accountant did not file report of investigation within stipulated period.

4.

I am surprised to not the manner, in which the Official Liquidator is handling the cases assigned to it. If the Chartered Accountant failed to take steps, the Official Liquidator ought to have assigned the work to another Chartered Accountant and ought to have sought removal of M/s P. B. Tikait & Co., from the

2/2 9-AO.olr.1.2021 in cmp.3.2010.odt panel of Chartered Accountants. Instead, the Official Liquidator has filed present Application seeking more time to file the anticipated misfeasance proceedings.

5.

At this stage, Dr. Anjan De, learned Counsel for the Official Liquidator submits that he is not pressing for orders, because according to him,there is no provision to extend the time. 6.

Accordingly, the Official Liquidator Report stands disposed, as not pressed for orders.

7.

The OfficialLiquidator is directed to remove M/s P. B. Tikait & Co., from the panel of the Chartered Accountants. The communication be accordingly issued to him.

(ANIL L. PANSARE, J.) vijaya