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2016 (2) TMI 1144 - HC - Companies LawTransfer of shares - Held that - issue notice to the respondent company - the respondent company is restrained, till the next date of hearing, from alienating, selling, transferring and / or creating third party interest in its immovable properties save and except in the usual and normal course of business.
Issues:
1. Condonation of delay in filing a petition. 2. Stay and appointment of a provisional liquidator. Analysis: 1. The judgment begins with allowing an application for condonation of delay of 18 days in filing the petition. The delay is condoned, and the application is allowed, as per the reasons provided by the petitioner. 2. Moving on to the issues related to stay and appointment of a provisional liquidator, the counsel for the petitioner asserts that the respondent owes a principal amount of Rs. 22,50,000. The court directs the issuance of notice to the respondent company and orders a reply to be filed within four weeks, with a rejoinder before the next hearing date. 3. Additionally, the respondent company is required to provide various documents and information along with the reply, including profit and loss accounts, details of assets, lists of creditors and debtors, location of the registered office, names of directors, and bank account details. This information is crucial for the court to assess the financial status and obligations of the respondent. 4. To prevent any unauthorized transactions, the respondent company is restrained from alienating or transferring its immovable properties except in the normal course of business until the next hearing date, ensuring the preservation of assets during the legal proceedings. 5. The case is listed for the next hearing on 25.07.2016, indicating a timeline for further proceedings and the court's intention to move forward with the matter efficiently. The detailed requirements for information and documents from the respondent demonstrate the thoroughness of the court's approach in ensuring transparency and fairness in the legal process.
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