The Official Liquidator v. A

Comp.A.No.75 of 2019 in C.P.No. 218 of 2011 M.SUNDAR.J Instant application has been taken out by the 'Official Liquidator attached to this Court' ('OL' for brevity) with the following prayer: 'To extend the time of last date of submission of tender by the intending purchasers and also auction date to enable the Official Liquidator to publish the sale notice in the prescribed newspapers.'

2. The Company under liquidation goes by the name 'Clenergen India Private Limited' (hereinafter 'said company' for brevity). Vide order dated 08.01.2013 made in main Company Petition, said company was ordered to be wound up and OL was appointed as Official Liquidator qua said company with directions to take over the assets and effects of the company.

3. Adverting to the report of OL dated 14.01.2019 which is annexed to the Judge' s Summons in the instant application, learned Deputy Official Liquidator Mr.Bavishetty Sridhar draws the attention of this Court to paragraph 5 of the said report and submits that this is the reason which has impelled the Official Liquidator to take out the instant application. Paragraph No.5 reads as follows:

'5. That the Hon'ble Court upon hearing the sale application filed by Official Liquidator on 29.11.2018 in C.A.No.581 of 2018 has fixed the upset price of Rs.10 Crores for entire assets and fixed 08.12.2018 for last date for submission of tenders and 10.12.2018 as auction date. However the said order copy was received from the Hon'ble Court by the Official Liquidator only on 31.12.2018 i.e., after the date of last date for submission of tender and auction date. Hence the Official Liquidator could not take steps for publishing the sale notice in the newspaper and also could not provide inspection to the public.'

4. To be noted, it is submitted that value of the assets and effects is in the region of Rs.10 Crores. At request of Deputy OL the auction date is fixed as 25.04.2019. The bids shall be submitted to the office of the Registrar General. Office of OL will be at liberty to collect the bids from the Office of the Registrar General and conduct the auction in his Office on the aforesaid date.

OL shall, thereafter, file report in this Court on 26.04.2019. 22.03.2019 gpa/mst

M.SUNDAR.J., gpa/mp Comp.A.No.75 of 2019 in C.P.No. 218 of 2011 22.03.2019