In a common order, the court dismissed multiple company applications filed by an official liquidator for payment of dues, as they were withdrawn by the liquidator due to inability to locate respondents.
Company applications dismissed as withdrawn with liberty to file fresh ones upon ascertaining correct addresses of debtors.
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The Hon’ble Sri Justice C.V.Nagarjuna Reddy Company Application Nos.1375 of 2012, 218, 515, 548, 549, 745, 806 and 937 of 2013 in Company Petition No.151 of 2009
Dated 10.09.2014
Common Order:
These Company Applications have been filed by the Official Liquidator for a direction to the respondents in respective applications to pay certain sums along with interest, allegedly, due to the applicant- Company in liquidation.
These Applications underwent adjournments, as notices sent to the respondents were not served.
The Assistant Official Liquidator filed his report, dated 05.09.2014, in Company Application No.1375 of 2012, inter alia stating that the office of the Official Liquidator has addressed letter, dated 09.07.2014, to the Official Liquidator, Kerala State, requesting him to depute a personal messenger to conduct local enquiry of the whereabouts of the respondent in the said Company Application and furnish information; that
in response thereto, one T.S.Muralidharan, Company Paid Assistant of the Office of the Official Liquidator of Kerala, reported that in the address of the said respondent, a TV center is being run since 1978 and that there is no textile shop at Michal Junction or Puthiyakav junction; that the office of the Official Liquidator of Kerala State requested advertising agencies to inform the details of newspapers, which are charging lowest rates for publication of notice in the area of the debtor-Company; that the advertising agencies have submitted information, as per which, the cost of advertisement ranges between Rs.3960/- and Rs.9860/-; that while the debtor/respondent in Company Application No.1375 of 2012 owes a sum of Rs.5,924/-, cost of publication itself is coming to Rs.3960/- and that therefore, it may not be worth spending that much amount for publication. A request is, therefore, made to permit the Official Liquidator to withdraw the Company Application with liberty to him to file a fresh one upon coming to know about the correct address of the said debtor.
At the hearing, Mr.M.Anil Kumar, learned
Counsel for the Official Liquidator, stated that similar facts exist in respect of all other debtors, who are respondents in the rest of the Company Applications, and that therefore, the Official Liquidator may be permitted to withdraw all these Company Applications with liberty to file fresh ones, if and when correct addresses of those debtors are known.
In the light of the above facts and the submission of the learned Counsel for the Official Liquidator, all these Company Applications are dismissed as withdrawn with liberty to the Official Liquidator in terms of the prayer made.
______________________ (C.V.Nagarjuna Reddy, J)
Dt: 10th September, 2014 LUR
Official Liquidator
T.S.Muralidharan
C.V.Nagarjuna Reddy
As recorded by the court registry
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