Disposed

M/S Bpl Net Com Ltd. v. Nil

Karnataka HC16 Mar 2021CA/206/2020

Case brief

AI extract

What is this about?

This company application sought appointment of an auditor and fixation of remuneration for accounts of the Official Liquidator. The Court dispensed with notice to creditors and contributories citing Rule 305 and undertakings, approved fee payment per guidelines, and disposed of the application.

What did the court decide?

Dispensation of notice to creditors and contributories allowed; payment of auditor's fee permitted; application disposed of.

M/S Bpl Net Com Ltd. Vs Nil — Company and Corporate | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF MARCH 2021

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BEFORE

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THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

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COMPANY APPLICATION NO.206/2020 IN COMPANY PETITION NO. 205/2001

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BETWEEN:

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M/S. BPL NET COM LTD., (IN LIQN.), REPRESENTED BY OFFICIAL LIQUIDATOR, HIGH COURT OF KARNATAKA, CORPORATE BHAVAN, 12^TH FLOOR, RAHEJA TOWERS, NO.26-27, M.G. ROAD, BENGALURU - 560 001.

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… APPLICANT

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(BY SRI JAGADEESHGOUD PATIL, ADVOCATE)

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AND:

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NIL … RESPONDENT

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THIS COMPANY APPLICATION IS FILED UNDER SECTION 462 OF THE COMPANIES ACT, 1956 READ WITH RULES 11(B) AND 298 OF THE COMPANIES (COURT) RULES, 1956, PRAYING TO APPOINT AN AUDITOR TO AUDIT THE ACCOUNTS OF THE OFFICIAL LIQUIDATOR FOR THE HALF YEAR ENDING 31.03.2020 AND FIX HIS REMUNERATION, AND ETC.

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THIS COMPANY APPLICATION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The Official Liquidator has filed an application placing on record half yearly audit report as contemplated under Section 462 of the Companies Act, 1956. The same is taken note of.

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Insofar as the request for dispensation of notice to the creditors and contributories, it is submitted that in terms of Rule 305 of the Companies (Court) Rules, 1959, creditors and contributories are entitled to inspect the accounts and the auditor’s certificate and that there are practical difficulties in sending copies of the audited accounts to each of the contributories. In light of the same, notice as contemplated under Section 462(5) of the Companies Act, 1956 to the contributories and creditors is dispensed with, taking note of the undertaking that the audit report would be uploaded in the website.

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Insofar as the payment of auditor’s fee is concerned, Official Liquidator is permitted to make payment

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in terms of the guidelines settled by this Court relating to payment of auditor’s fee for their services rendered.

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Accordingly, C.A.No.206/2020 is disposed off.

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Sd/JUDGE

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VP

M/S Bpl Net Com Ltd. v. Nil

Case brief

What is this about?

What did the court decide?

M/S Bpl Net Com Ltd. v. Nil

Case brief

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What the court decided

A compact analysis

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Statutes considered

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