Madras High CourtCOMP.A/50/2019closed

Narhari Engineering Works v. The Official Liquidator

2019-04-12Honourable Mr Justice N. Sathish Kumar3 pages

Comp.A.No.50 of 2019 in C.P.No.63 of 2013 M.SUNDAR, J.

'Best Crompton Engineering Limited' (hereinafter 'BCEL' for brevity) is the company under liquidation.

2. Instant application has been taken out by a third party, whose case is that supplies had been made to BCEL prior to liquidation and that the 'C' Forms pertaining to Sales Tax has not been furnished to them.

3. Read this in conjunction with and in continuation of earlier proceedings of this Court dated 01.03.2019, 08.03.2019 and 15.03.2019, which read as follows:

Proceedings dated 01.03.2019 'Counsel for applicant seeks time to produce record to show that the consignments were actually delivered to the company under liquidation namely Best & Crompton Engineering.

List this matter next week i.e., 08.03.2019.' Proceedings dated 08.03.2019 'It is submitted by learned Deputy Official Liquidator that a meeting of Ex-Directors will be held on 13/03/2019 and that the authorised representative of the applicant herein being the deponent of the affidavit Mr.Kiran Navnitrai Shah will also be called to attend the meeting to try and get some clarifications required to decide this application.

List this matter on 15/03/2019.'

Proceedings dated 15.03.2019 'Considering the nature of the matter it would be appropriate for the Official Liquidator to have an indemnity bond from the applicant supplier for issuing C Form that has been sought for.

It is represented that there was a meeting with the Ex-Directors between last hearing and the instant hearing. List this matter on 29/03/2019.'

5. Today, Mr.A.Satheesh, learned counsel representing the counsel on record for the applicant and Mr.Bavishetty Sridhar, learned Deputy Official Liquidator (Deputy OL) representing the 'Official Liquidator attached to this Court' ('OL' for brevity) are before this Court.

6. Learned Deputy OL submits that the 'C' Forms which are subject matter of instant application have since been issued to the applicant after taking necessary indemnities from third party applicant. Learned counsel for applicant confirms receipt of the same. This puts an end to the issues in the instant application.

7. Recording the above said submissions, instant application is closed.

12.04.2019 gpa/mp

M.SUNDAR.J., gpa/mp Comp.A.No.50 of 2019 in C.P.No.63 of 2013 12.04.2019