B.Usha Rani v. M/S.Achievers Agri India (P)
Comp.Appl.Nos.908 and 909 of 2016 RAJIV SHAKDHER,J.
1. These applications have been filed for setting aside the order dated 23.06.2016, whereby the Company Applications bearing No. 981 and 982 of 2015 were dismissed for non prosecution.
2. Issue notice. Mr.Prakash Goklaney, who appears for the Ex-Director, i.e., M/s. Achievers Agri India (P) Ltd.,accepts notice. He does not oppose the prayer made in the applications.
3. Similarly, Mr.Ramaiyah, the Official Liquidator (OL), accepts notice, and says that he does not have any objection to the prayer made in these applications.
4. Accordingly, the prayer made in the applications is
allowed.
4.1. The order dated 23.06.2016 dismissing the Company Applications 981 and 982 of 2016 is recalled. The said applications will stand restored to their original position. Comp.Appl.No.121- 122 of 2016
5. Mr.Ramaiah, the Official Liquidator, points out that, in terms of the order passed by this Court on 31.8.2016, he had written to the Secretary of the Archievers Agri India Investors Association, vide a communication dated 28.9.2016, in connection with the constitution of a Committee in the interest of the creditors/ investors of the company-in-liquidation. 5.1. Mr. Ramaiah, says that the Secretary was asked to give particulars of the individuals, whose, names he would want
to suggest for appointment as Members of the Committee.
6. Mr. Prakash Goklaney, who appears for the applicant, concedes that while names were provided, vide letter dated 03.10.2016, other details sought for by the Official Liquidator have not been supplied.
6.1. The learned counsel submits that the needful will be done within three (3) days.
7. Upon receiving the information, the Official Liquidator will process the same and, thereafter, file a report with this Court, as indicated in the order dated 31.8.2016.
8. The Official Liquidator will bear in mind that the Committee would need to comprise of not only the representative of the investors, but also a practising Chartered Accountant and
an experienced lawyer.
9. The Official Liquidator will identify suitable professionals, who will be able to work with him, as Members of the Committee.
10. Re-notify on 08.11.2016.
Comp.Appl.Nos. 984 - 986 of 2016
11. The learned counsel for the applicant seeks further time to comply with the directions contained in the order dated 31.8.2016.
12. Re-notify on 08.11.2016.
ga 05.10.2016
RAJIV SHAKDHER,J.
ga Comp.Appl.Nos.908 and 909 of 2016 984-985; 121-122 of 2016 05.10.2016