The Official Liquidator v. Nil

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED: 13.12.2024

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Company Application No.486 of 2024 in C.P.No.385 of 2014 The Official Liquidator, High Court, Madras.

Liquidator of Hi-Tech Mineral Industries (Covai) Pvt. Ltd.

.. Applicant For Applicant : Ms.Ambili, Dy. Official Liquidator

ORDER

This application has been filed by the Official Liquidator seeking permission of this Court to settle the bill amount to the publisher, namely, Express Publication Madurai Private Limited, for a sum of Rs.1,65,375/- from common pool fund account with liberty to recoup the same as and when there is sufficient funds to the credit of the company (in provisional liquidation).

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2. As seen from the report filed by the Official Liquidator dated 28.11.2024 in support of this application, inadvertently, two advertisements were effected by the office of the Official Liquidator for sale of the property belonging to the company under liquidation, eventhough there was only one order passed by this Court. In respect of the first advertisement, expenses towards the same were met by the Indian Oversees Bank, secured creditor. However, in respect of the second advertisement, which was made inadvertently, based on the very same order passed by this Court, a sum of Rs.1,65,375/- has been incurred by the office of the Official Liquidator.

The Official Liquidator seeks permission from this Court to settle the said sum to the publisher, namely, Express Publication Madurai Private Limited, from common pool fund account with liberty to recoup the same as and when there are sufficient funds to the credit of the company (in provisional liquidation). Supporting bills of Express Publication Madurai Private Limited are also enclosed along with the report. Copies of both the advertisements given by the Official Liquidator are also enclosed. Sufficient cause has been shown by the Official Liquidator for inadvertently effecting two advertisements in respect of the very same order passed by this Court.

3. Since sufficient reasons have been given and that second advertisement was effected inadvertently, this Court is satisfied that a sum of Rs.1,65,375/- will have to be paid to Express Publication Madurai Private Limited, and the permission as sought for by the Official Liquidator for making the said sum has to be granted. Accordingly, this application is allowed as prayed for.

13.12.2024 rkm ABDUL QUDDHOSE,J.

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Company Application No.486 of 2024 in C.P.No.486 of 2024 13.12.2024 4/4