Partly allowed

The Official Liquidator, High Court of Kerala Ernakulam, Representing M/S.Eco Friendly v. Nil

Kerala HC11 Dec 2023Co.Appl./210/2023

Case brief

AI extract

What is this about?

This order by the Kerala High Court in Co.Application No.210/2023 grants permission to the Official Liquidator of M/s. Eco Friendly Energy and Sustainable Technologies (P) Ltd. to settle the list of contributories with partial notice and to pay capital returns directly to shareholders as prayed.

What did the court decide?

Permission granted to settle the list of contributories with partial notice, dispense with Rules 180-183 for direct capital payment, and incur necessary expenses.

The Official Liquidator, High Court of Kerala… — Civil Procedure and Limitation | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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(Original Jurisdiction)

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In the matter of the Companies Act, 1956 and

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In the matter of M/s.Eco Friendly Energy and Sustainable Technologies (P) Ltd.

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(In Liquidation)

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Co.Appl. No.210/2023 in C.P. No.11/2009

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Before:

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The Honourable Mr.Justice VIJU ABRAHAM

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Monday, the 11th day of December, 2023/20 th Agrahayana, 1945

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APPLICANT

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The Official Liquidator, High Court of Kerala, Ernakulam, Representing M/s.Eco Friendly Energy and Sustainable Technologies (P) Ltd. (In Liquidation)

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RESPONDENT

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Nil

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Co.Application under Section 467 of the Companies Act, 1956 read with Rule 181 of the Companies (Court) Rules, 1959 filed by the applicant above named praying for an order to :-

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a) permit the Official Liquidator to settle the list of contributories after giving individual notices to all the contributories of the company whose addresses are available in the records of the company with the Official Liquidator.

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b) permit the Official Liquidator to dispense with action taken as per Rules 180 to 183 of the Companies (Court) Rules, 1959 and pay the return of capital to the share holders directly after obtaining share certificate from them.

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C.A. No.210 of 2023 in C.P.No.11 of 2009

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c) permit the Official Liquidator to incur necessary expenses in connection with the settlement of list of contributories.

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d) pass such other order or orders as may be deemed fit and proper in the premises of the case.

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This Application coming on for orders on this day upon hearing Sri.K.Moni, Standing Counsel for Official Liquidator, the Court passed the following:-

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C.A. No.210 of 2023 in C.P.No.11 of 2009

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VIJU ABRAHAM, J.

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C.A. No.210 of 2023

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in C.P.No.11 of 2009

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Dated this the 11^th day of December, 2023

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ORDER

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The applicant has approached this Court seeking the following reliefs:

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“a) permit the Official Liquidator to settle the list of contributories after giving individual notices to all the contributories of the company whose addresses are available in the records of the company with the Official Liquidator.

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b) permit the Official Liquidator to dispense with actions taken as per Rule 180 to 183 of the Companies (Court) Rules, 1959 and pay the return of capital to the share holders directly after obtaining share certificate from them.

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c) permit the Official Liquidator to incur necessary expenses in connection with the settlement of list of contributories.

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and

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d) pass such other order or orders as may be deemed fit and proper in the premises of the case.”

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After going through the affidavit filed in support of the application

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and after hearing the Official Liquidator, I am inclined to allow the reliefs sought for.

Sd/-

VIJU ABRAHAM

JUDGE

cks

The Official Liquidator, High Court of Kerala Ernakulam, Representing M/S.Eco Friendly v. Nil

Case brief

What is this about?

What did the court decide?

The Official Liquidator, High Court of Kerala Ernakulam, Representing M/S.Eco Friendly v. Nil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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