Allowed

The Official Liquidator v. -

Telangana HC12 Dec 2012COMPA/1372/2011

Case brief

AI extract

What is this about?

The High Court approved the half-yearly audited accounts of a company in liquidation for the period April-September 2010 submitted by the Official Liquidator. The Court permitted payment of the remaining audit fee and directed cost recovery from the liquidated assets.

What did the court decide?

Approval of half-yearly audited accounts; permission to pay balance audit fee from company funds.

The Official Liquidator Vs - — Company and Corporate | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE SANJAY KUMAR

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COMPANY APPLICATION NO.1372 OF 2011 IN

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COMPANY PETITION NO.164 OF 1998

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DATED 1 2 TH DECEMBER, 2012

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The Official Liquidator, High Court of Andhra Pradesh, Hyderabad.

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… Applicant

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THE HON’BLE SRI JUSTICE SANJAY KUMAR

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COMPANY APPLICATION NO.1372 OF 2011 IN COMPANY PETITION NO.164 OF 1998

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ORDER:

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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.

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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.

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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

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received from the said Chartered Accountant certifying that the halfyearly financial accounts of the company in liquidation for the period 01.04.2010 to 30.09.2010 were in order.

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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.

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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.22,788/and the total disbursements up to 30.09.2010 at Rs.12,087.25 ps.

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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.

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The Company Application is ordered accordingly.

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____________________ SANJAY KUMAR, J.

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12^TH DECEMBER, 2012.

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VGSR

The Official Liquidator v. -

Case brief

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The Official Liquidator v. -

Case brief

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