Dismissed

M/s. Turbo Bharath Ltd., v. M/s. Saberi Enterprises

Telangana HC10 Sept 2014COMPA/937/2013

Case brief

AI extract

What is this about?

This common order deals with multiple company applications filed by the Official Liquidator seeking directions to pay dues. Due to inability to locate respondents and high advertisement costs relative to dues, the Official Liquidator requested withdrawal. The court dismissed all applications as withdrawn with liberty to file fresh ones upon locating respondents.

What did the court decide?

All company applications dismissed as withdrawn; liberty granted to Official Liquidator to file fresh applications upon locating respondents.

M/s. Turbo Bharath Ltd., Vs M/s. Saberi Enterprises — Company and Corporate | Telangana HC (2014)

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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

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Dated 10.09.2014

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Common Order:

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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.

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These Applications underwent adjournments, as notices sent to the respondents were not served.

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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

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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.

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At the hearing, Mr.M.Anil Kumar, learned

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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.

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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.

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______________________ (C.V.Nagarjuna Reddy, J)

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Dt: 10^th September, 2014 LUR

M/s. Turbo Bharath Ltd., v. M/s. Saberi Enterprises

Case brief

What is this about?

What did the court decide?

M/s. Turbo Bharath Ltd., v. M/s. Saberi Enterprises

Case brief

What is this about?

What did the court decide?

What the court decided

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