Hearing an oral order regarding the audit report in a company petition, the Court approved certified audit fees and directed the dissolution of the company, thereby disposing of the petition.
The company is directed to be dissolved and the audit fees may be paid along with contingent expenses.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA COMPANY PETITION No.2 of 1994
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M/S ARYA BHATT PAPER MILLS PVT. Limited (In Liquidation)
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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
138 12-01-2023
Item No. (I) Audit Report, O.L.R. No. 129 of 2022 in Company Petition No. 2 of 1994.
The O.L. has submitted his report under Section 481
of the Companies Act, 1956. M/s Singh Ray Mishra and Company, a panel Auditor has conducted auditing of half yearly accounts for the period from 01.10.2013 to 30.09.2022 as well as final accounts from 1.10.2022 to 14.12.2022. The certificate of auditing is approved.
As per report, the affairs of the Company have completely wound up and the Secured Creditors have been paid the amounts as directed and as per the available funds after payment of recurring expenses and second dividend, the balance amount of Rs. 51204/- remains available to the credit of the Company, which shall be utilized for payment of Auditor’s fees and contingent expenses in terms of provisions of Section 481. Therefore, the company is directed to be dissolved and the audit fees may be paid along with contingent expenses.
Patna High Court COM PET No.2 of 1994(138) dt.12-01-2023 2/2
The Company Petition is accordingly disposed of and
consigned to record.
(Sanjeev Prakash Sharma, J)
Pravinkumar/-
Item No. 85
U
1 issue framed by the court
Whether the company's affairs are completely wound up and remaining funds are utilized to pay auditor's fees and contingent expenses under Section 481 of the Companies Act, 1956, mandating dissolution
1 provisions across 1 enactments
M/s Arya Bhatt Paper Mills Pvt. Limited
Sanjeev Prakash Sharma
As recorded by the court registry
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