The Assistant Provident Fund Commissioner, v. The Official Liquidator

Comp.A.No.7 of 2019 Comp.A.No.7 of 2019 in C.P.No.45 of 1991 KRISHNAN RAMASAMY, J.

This application was filed in the year 2019 to direct the learned Official Liquidator to comply with the order dated 01.02.2023 and to disburse the said sum of Rs.78,99,672/- being provident fund dues to the applicant along with accumulated interest.

2. The learned Official Liquidator informs that the Company under liquidation was dissolved as early as on 24.08.2012 and without declaring the dissolution either as void under the terms of Section 529 of the Companies Act, 1956 and restoring the Company or restoring the Company in the manner known to law, the present application is filed.

3. This Court is of the view that since this Company had been dissolved, there is no role for the learned Official Liquidator to play on behalf of the Company. Unless and otherwise any appropriate application is filed for restoring the company, this present application is not maintainable and hence the same is liable to be dismissed.

https://www.mhc.tn.gov.in/judis Page No.1/2

Comp.A.No.7 of 2019 KRISHNAN RAMASAMY, J.

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4. Accordingly, this application is dismissed. 02.03.2023 nsa Comp.A.No.7 of 2019 in C.P.No.45 of 1991 https://www.mhc.tn.gov.in/judis Page No.2/2