Short order closing the insolvency application after the Official Liquidator issued the requested C Forms against an indemnity bond furnished by the applicant, resolving the dispute on the supplies and tax forms.
Issuance of C Forms and closure of the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
Comp.A.No.50 of 2019 in
C.P.No.63 of 2013
M.SUNDAR, J.
'Best Crompton Engineering Limited' (hereinafter 'BCEL' for
brevity) is the company under liquidation.
the 'C' Forms pertaining to Sales Tax has not been furnished to them.
which read as follows:
Proceedings dated 01.03.2019
'Counsel for applicant seeks time to produce record to show that the consignments were actually delivered to the company under liquidation namely Best & Crompton Engineering.
List this matter next week i.e., 08.03.2019.'
Proceedings dated 08.03.2019
'It is submitted by learned Deputy Official Liquidator that a meeting of Ex-Directors will be held on 13/03/2019 and that the authorised representative of the applicant herein being the deponent of the affidavit Mr.Kiran Navnitrai Shah will also be called to attend the meeting to try and get some clarifications required to decide this application.
2
List this matter on 15/03/2019.'
Proceedings dated 15.03.2019
'Considering the nature of the matter it would be appropriate for the Official Liquidator to have an indemnity bond from the applicant supplier for issuing C Form that has been sought for.
It is represented that there was a meeting with the
Ex-Directors between last hearing and the instant hearing.
List this matter on 29/03/2019.'
counsel on record for the applicant and Mr.Bavishetty Sridhar, learned
Deputy Official Liquidator (Deputy OL) representing the 'Official Liquidator
attached to this Court' ('OL' for brevity) are before this Court.
subject matter of instant application have since been issued to the applicant after taking necessary indemnities from third party applicant. Learned counsel for applicant confirms receipt of the same. This puts an
end to the issues in the instant application.
closed.
gpa/mp
12.04.2019
3
M.SUNDAR.J.,
gpa/mp
Comp.A.No.50 of 2019 in
C.P.No.63 of 2013
12.04.2019
Third party applicant
Official Liquidator
M. SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
