The Official Liquidator, As The Provisional Liquidator Of M/S. Maxworth Orchards (India) Limited, v. Nil

in CP No.57 of 1998 M.SUNDAR.J., Mr.Bavishetty Sridhar, learned Deputy Official Liquidator who is before this Company Court on behalf of the Official Liquidator attached to this Court (applicant in captioned company application) draws the attention of this Court to a Memo filed by the Official Liquidator being Memo dated 06.11.2020, which reads as follows: 'MEMO OF THE OFFICIAL LIQUIDATOR The Official Liquidator attached to this Hon'ble High Court, Madras as the Provisional Liquidator of M/s.Maxworth Orchards (India) Limited humbly submits the report as follows:

1. That by an order dated 17.09.2010 made in Company Application No.884 to 886 of 2008 in Company Petition No.57 of 1998 this Hon'ble Court appointed the Official Liquidator attached to the Hon'ble High Court, Madras as the Provisional Liquidator of M/s.Maxworth Orchards (India) 1/4

Limited with directions to take charge of the assets of the company in Provisional Liquidation.

2. The Official Liquidator may be permitted to withdraw the subject application with a liberty to file fresh application with same relief as some error have been crept inadvertently in respect of adjudication of claims.

3. The above memo please be taken on record and pass appropriate order as may be deem fit and proper in the circumstances of the case.'

2. The contents of aforementioned Memo are reiterated by learned Deputy Official Liquidator in the hearing today. Therefore, captioned company application is being dismissed as withdrawn albeit preserving rights of the Official Liquidator to file a fresh application for the same relief as an inadvertent error had crept in qua captioned company application.

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3. Captioned Company Application is dismissed as withdrawn preserving rights of the applicant in the aforesaid manner, however, there shall be no order as to costs. 06-11-2020 Svn 3/4

M.SUNDAR, J.

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