Disposed

M/S. Deccan Cargo and Express Logistics Pvt. Ltd. (in Liqn.) v. Nil

Karnataka HC7 Apr 2021CA/219/2020

Case brief

AI extract

What is this about?

Company Application filed under Section 462 of the Companies Act, 1956 seeking appointment of an auditor for Official Liquidator's accounts. Court dispensed with notice to creditors, permitted fee payment via guidelines, and noted the filed audit report before disposing the application.

What did the court decide?

Notice to creditors and contributories dispensed with; Official Liquidator permitted to pay auditor's fee as per guidelines; Application disposed of.

M/S. Deccan Cargo and Express Logistics Pvt. Ltd… — 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 7^TH DAY OF APRIL, 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.219/2020 IN COMPANY PETITION NOs.143/2011 c/w 193/2011

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BETWEEN:

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M/s.Deccan Cargo and Express Logistics Pvt. 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-560001.

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(By Ms.Krutika Raghavan, Advocate)

AND:

NIL

...Respondent

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, 1959, 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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O R D E R

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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 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.219/2020 is disposed

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off.

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Sd/JUDGE

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M/S. Deccan Cargo and Express Logistics Pvt. Ltd. (in Liqn.) v. Nil

Case brief

What is this about?

What did the court decide?

M/S. Deccan Cargo and Express Logistics Pvt. Ltd. (in Liqn.) v. Nil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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