The Official Liquidator v. Sri.B. Krishnamurthy

in C.P.No.276 of 2010 KRISHNAN RAMASAMY, J.

This application is filed to direct the respondents 1 to 4 to deliver the books of accounts, statutory registers, returns, other records and assets of the company in provisional liquidation, as required under Section 468 of the Companies Act, 1956 and for cost.

2. The learned Official Liquidator would submit that this Court, vide a common order dated 18.06.2014 made in Comp.A.No.275 to 278 of 2010, had appointed the Official Liquidator attached to this Court as provisional Liquidator for M/s.Teledata Marine Solutions Limited. He would further submit that subsequent to the said order of this Court, the ex-directors of the company had came forward to hand over the books and records of the company and to provide the details with regard to the assets and liabilities pertaining to the company in provisional liquidation. Therefore, without any other option, the present application has been filed by the learned Official Liquidator for necessary direction.

3. On earlier occasion, the learned Official Liquidator had Page No.1/4

submitted that the first respondent was passed away. Further, since the notices sent to the 2nd and 3rd respondents were returned with endorsement "Door Locked" and "Unclaimed" respectively and the notice was served on the 4th respondent, this Court directed the Registry to print the names of the respondents 2 to 4.

4. Accordingly, the names of the respondents 2 to 4 were printed in the cause list. However, none appeared for the respondents today, which shows that they are not interested to contest the matter.

5. Upon hearing the learned Official Liquidator and perusing the affidavit filed in support of this application, it appears that subsequent to appointment of provisional Liquidator by virtue of order dated 18.06.2014 and service of notice, the respondent/directors of the company had not produced the books and records of the company and they were also not inclined to appear before this Court.

6. Under these circumstance, this Court is inclined to allow this application. Therefore, the respondents 2 to 4 are directed to deliver the books of accounts, statutory registers, returns, other records and assets of Page No.2/4

the company in provisional liquidation.

7. Accordingly, this application is ordered as prayed for. 02.06.2023 nsa Page No.3/4

KRISHNAN RAMASAMY, J.

nsa in C.P.No.276 of 2010 02.06.2023 Page No.4/4