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Madras High CourtCOMP.A/159/2019closed

The Official Liquidator, v. Sri.R.Subramanian,

2019-08-16Honourable Mr Justice N. Sathish Kumar2 pages

Company Application No.159 of 2019 in C.P.No.73 of 2000 N.SATHISH KUMAR, J.

This Application has been filed seeking for the following reliefs: a) To take this report on record.

b) To direct the Ex-Director Mr.R.Subramanian to co-operate/co-ordinate with the Official Liquidator to identify and to take possession of lands belonging to the company in provisional Liquidation at various places.

(c) To direct the Ex-Director to hand over books and records, which is left with him.

(d) To permit the Official Liquidator to call for quotation from the Chartered Accountants who are in the panel of the Chartered Accountants with Official Liquidator and to seek appointment of the said Chartered Accountant for examination of the books and records of the subject company in terms of Section 542 and 543 of the Companies Act, 1956.

2. It is the contention of the learned counsel for the respondent that they are co-operating with the Official Liquidator and they shall co-ordinate with the Official Liquidator to identify the survey numbers of the land.

3. Whereas, the Official Liquidator has submitted that no co-operation is forthcoming from the respondent.

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N.SATHISH KUMAR, J.

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4. In view of the submission of the learned counsel for the respondent that they are co-operating with the Official Liquidator in identifying the properties, I am of the view that no further direction is required in this application in this regard.

5. However, the direction sought by the Official Liquidator to appoint a Chartered Accountant to verify the books of accounts can be allowed, as it is the contention of the learned counsel for the respondent that they are not having any books right now and all the documents are in possession of the Economic Crime Wing for investigation. Therefore, this Court is of the view that appointment of Chartered Accountant will infact enable the Official Liquidator to find out truth in this regard.

6. Accordingly prayer in 'd' stand ordered as prayed for. With regard to other prayers, this petition is closed.

16.08.2019 vrc Company Application No.159 of 2019 in C.P.No.73 of 2000 http://www.judis.nic.in