The Official Liquidator, High Court Of Madras v. Mr.G.Manikandan, Ex-Director, S/O.G.Govindarajan

Comp.A.No.42 of 2022 in C.P.No.225 of 2011 KRISHNAN RAMASAMY, J.

This Application has been filed by the Official Liquidator under Section 460 (4) of the Companies Act, read with rules 9, 11(b) of the Companies (Court) Rules 1959, seeking for the following prayers: (a) to take his report on record;

(b)to permit the Official Liquidator to break open the lock at the registered office premises;

(c) to make inventory of the assets lying there at and end also to value the movable / immovable assets by engaging the services of ITCOT, Consultancy & Services Ltd;

(d) to permit the Official Liquidator to pay the valuation charges and other incidental charges from the funds of the Company in Liquidation. 2.Learned Official Liquidator would submit that this Court by order dated 12.01.2018 in C.P.No.225 of 2011, appointed Official Liquidator as Provisional Liquidator of the M/s.Chitra Constructions Private Limited., with the directions to take charge of all the assets and effects of the said company. 1/4

3.Learned Official Liquidator would further submit that the registered office of the Company in liquidation functioning at Flat Nos.207 & 208, No.8, Chitra Avenue, Choolaimedu High Road, Chennai, at present was in locked condition. Hence, the present application has been filed seeking to break open the lock at the registered office premises.

4.Learned counsel appearing for the respondents 1 and 2 would submit that he has no objection in allowing the present application. 5.Learned counsel appearing for the 3rd respondent would submit that the said property belongs to the 3rd respondent and for the past four years, the said property has been kept locked and he prayed to handover the possession of the property to the 3rd respondent and he would also submit that he has filed an appropriate application in this regard. He would further submit that he has no objection in allowing the present application. 6.Upon hearing the learned counsel appearing for either parties and perusal of the averments made in the affidavit filed in support of the application, this Court is inclined to allow the present application. 2/4

7.Accordingly, this application is allowed, directing the Official Liquidator to verify the title deeds of the said properties and submit the report after compliance.

17.03.2023 rst 3/4

KRISHNAN RAMASAMY, J.

rst Comp.A.No.42 of 2022 in C.P.No.225 of 2011 17.03.2023 4/4