← Library
Madras High CourtCOMP.A/302/2024ordered

The Official Liquidator v. Nil

2024-08-30Honourable Mr Justice K.Kumaresh Babu3 pages

in C.P.No.282 of 1997 K.KUMARESH BABU, J.

This Company Application has been filed seeking for the following reliefs:- (a) To take this Report on record, (b) To pass an order that it is just and reasonable to dissolve M/s.Eswari Benefit Fund Limited (Under Liquidation) finally as per Section 481 of Companies Act, 1959, (c) To Permit the Official Liquidator to file the final account as required under Rule 281 of Companies (Court) Rules 1959 along with Auditor's Certificate Issued by M/s. Sarathy & Vasu, Chartered Accountant appointed by this Hon'ble Court for maintenance of accounts of the Office of the Official Liquidator.

(d) To permit the Official Liquidator to incur the expenses in connection with dissolution of the company viz., audit fee, central government commission, cost of this application etc., out of the funds of the subject company in liquidation, (e) To permit the Official Liquidator to transfer the available fund in the credit of the company (under Liquidation) as mentioned in paragraph-14 to the Page No. 1 of 3

undistributed assets of the companies liquidation account as envisaged under Section 555 of the Companies Act, 1956 after incurring the expenditure towards the present application and all other incidental expenses; (f) To permit the Official Liquidator to dispose of books and papaers of M/s.Eswari Benefit Fund Limited (in Liquidation) after expiry oif 5 years from the date of dissolution of the company in liquidation as laid down in Section 550(1) and (2) of the Companies Act 1956, (g) To permit the Official Liquidator to file the certified copy of the order of dissolution with Registrar of Companies, Chennai within 30 days as envisaged under Section 481 of the Companies Act, 1956, (h) To pass such other order/s

2. Heard Ms.B.Ambili, learned Deputy Official Liquidator.

3. I have perused the Report of the learned Deputy Official Liquidator and considering the Report of the learned Deputy Official Liquidator and having been satisfied with the same this application is ordered as prayed for.

4. Accordingly, this Application is ordered.

Gba 30.08.2024 Page No. 2 of 3

K.KUMARESH BABU, J.

gba in C.P.No.282 of 1997 30.08.2024 Page No. 3 of 3