The applicant official liquidator moved for an order against respondents who allegedly occupied company assets. Submitting that the company's assets were handed over to new promoters in 1976 and recovery was not needed for revival, the court disposed of the applications.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction)
In the matter of the Companies Act, 1956 and
In the matter of M/s.Hotel Kandath International (P) Ltd. (in liquidation)
Co.Appl. No.172/1994 in C.P. No.15/1991
Before:
The Honourable Mr.Justice N.NAGARESH
Friday, the 11th day of November, 2022/20th Karthika, 1944
Applicant:-
The Official Liquidator, M/s.Hotel Kandath International (P) Ltd., (In Liquidation), High Court of Kerala, Ernakulam.
Respondents:
2
C.A. No.3 of 1995 in C.P. No.15 of 1991
and C.A. No.172 of 1994 in C.P. No.15 of 1991
Co.Application under Rule 9 of the Companies (Court) Rules 1959, read with Rule 151 of the C.P.C.filed by the applicant above named praying for an order that:-
i. Permit the Official Liquidator to treat Respondent Nos: 1 to 5 as licencees and recover from them charges for occupation which shall be treated as compensation for permissive occupation.
and
ii. Pass such other order or orders as may be deemed fit and proper in the premises of the case.
This Company Application coming on for orders on this day upon hearing Sri.K.Moni, Standing Counsel for the Official Liquidator, Sri.Joji Varghese for R1, Sri.M.R.Venugopal for R6 and P.U.Shailajan for R7, the Court passed the following:-
C.A. No.3 of 1995 in C.P. No.15 of 1991
3
and C.A. No.172 of 1994 in C.P. No.15 of 1991
N.NAGARESH, J.
C.A. No.3 of 1995 in C.P. No.15 of 1991
and C.A. No.172 of 1994 in C.P. No.15 of 1991
------------------------------------------------------------Dated this the 11th day of November, 2022
ORDER
In both these cases, the Official Liquidator submits that
there was a proposal for revival of the Company which was accepted and the assets of the Company were handed over to the new promoters in the year 1976. In view of the above, no further orders are required in these cases.
Recording the said submission, these Company Applications are disposed of.
Sd/-
N.NAGARESH JUDGE
spk
The Official Liquidator, M/s.Hotel Kandath International (P) Ltd.
Shri.M.Sukumaran
M/s.Guest Hotel (P) Ltd.
Mrs.Snehaja Mohanan
Shri.V.K.Mohanan
Srhi.A.Kaja Hussain
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
