The Court approved the half-yearly audited accounts of a company in liquidation for the period 01.04.2010 to 30.09.2010 and directed the liquidator to pay the balance audit fee.
Approval of half-yearly accounts; direction to pay balance audit fee; costs from company funds.
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.
HON’BLE SRI JUSTICE SANJAY KUMAR
COMPANY APPLICATION No.1121 of 2011
in C.A. No.1573 of 2010
in C.P. No.131 of 1999
Date: December 11, 2012
The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. … Applicant
HON’BLE SRI JUSTICE SANJAY KUMAR
COMPANY APPLICATION No.1121 of 2011 in C.A. No.1573 of 2010 in C.P. No.131 of 1999
O R D E R:
This Company Application is filed by the Official Liquidator attached to this Court under Section 462 of the Companies Act, 1956 read with Rule 306 of the Companies (Court) Rules, 1959, to consider, approve and take on record the half-yearly accounts of the company in liquidation for the period 01.04.2010 to 30.09.2010 along with the audit report. The Official Liquidator also prays for a direction to pay the balance audit fee to the auditor and for costs.
2. By order dated 31.12.2010 passed in C.A. No.1573 of 2010 in R.C.C. No.2 of 1995, this Court approved the panel of M/s.Murthy & Kanth, M/s. Padmanabha Rao & Co., M/s. PSN Ravi Shankar & Associates, M/s. KBS & Associates and M/s.
Sarathy & Balu, Chartered Accountants, for auditing the financial statements of the companies in liquidation.
3. It is stated that the half-yearly accounts of the company in liquidation pertinent to this application were audited by one of the aforestated Chartered Accountants and the audit certificate was received from the said Chartered Accountant certifying that the half-yearly financial accounts of the company in liquidation for the period 01.04.2010 to 30.09.2010 were in order.
4. This Court, by order dated 14.06.2012, directed Sri M. Anil Kumar, learned counsel for the Official Liquidator, to submit a statement giving particulars of the delay in filing the half-yearly accounts. The learned counsel accordingly filed report dated 21.06.2012 along with a tabular statement indicating that there is no delay in filing of applications for approval of half-yearly accounts for the period 01.04.2010 to 30.09.2010 in respect of the companies in various stages of liquidation. The said report is accordingly taken on record.
5. The Official Liquidator has placed on record the auditor’s report certifying that proper books of accounts as required by law had been maintained and the receipts and payments accounts maintained by the Official Liquidator gives a true and fair view as to the realization and disbursements of the company in liquidation during the period. The affidavit verifying the account is also filed by the Official Liquidator along with a statement of account in Form No.144, detailing the total realizations up to 30.09.2010 as Rs.8,93,13,609.43 ps. and the total disbursements up to 30.09.2010 at
Rs.1,15,62,199.31 ps.
6. In the light of the aforestated documents, the half-yearly audited accounts placed before this Court by the Official liquidator for the period 01.04.2010 to 30.09.2010 in respect of the company in liquidation is approved and taken on record. The Official Liquidator is permitted to pay the balance fee to the auditor in accordance with Rule 304 of the Companies (Court) Rules, 1959. The costs of this application shall be met from the funds of the company in liquidation. The Official Liquidator shall ensure compliance with Section 462 (4) of the Companies Act, 1956.
7. The Company Application is ordered accordingly.
___________________ SANJAY KUMAR, J.
Date: December 11, 2012. BSB
HON’BLE SRI JUSTICE SANJAY KUMAR
COMPANY APPLICATION No.1121 of 2011 in C.A. No.1573 of 2010 in C.P. No.131 of 1999
Date: December 11, 2012
BSB
2 issues framed by the court
Whether to approve and take on record the half-yearly accounts of the company in liquidation along with the audit report.
Whether to permit the applicant to pay the balance audit fee to the auditor.
4 provisions across 2 enactments
The Official Liquidator, High Court of Andhra Pradesh, Hyderabad
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
