2017 (8) TMI 1019 - HC - Companies Law

Dues of the revenue authorities are outstanding - Taluka Development Authority directed to submit outstanding dues in two parts, viz., preliquidation dues and post liquidation dues in relation to the aforesaid property of the Company in liquidation - Official Liquidator took possession of the assets and property of the Company in liquidation - Held that - Having heard the learned counsel appearing for the parties and on perusal of the record of this report, at the outset, it deserves to be noted that as far as prayers 10(a) and (c) are concerned, the same cannot be granted in jurisdiction of this Court. However as far as prayers 10(b) and (d) are concerned, the Official Liquidator is hereby directed to consider the claim filed by the respondent no.1 DGFT in accordance with law and also get the same verified and is also permitted to engage Govt. approved valuer for valuation of the property in question. As far as prayers prayed in paras 10(e) and (f) are concerned, the same cannot be dealt with in composite manner as is sought to be prayed for by the Official Liquidator. The Official Liquidator shall file appropriate report even for fresh valuation.

Summary

Issues: Official Liquidator's request for various reliefs including removal of lien/attachment, consideration of claims, valuation of property, and convening a sale committee meeting.

Analysis:

1. The Official Liquidator filed a report seeking several reliefs, including directing the removal of lien/attachment from the property of the subject company and consideration of claims filed by the Director General of Foreign Trade (DGFT). The company in question, M/s. Esskay Pharmaceuticals Ltd., was ordered to be wound up by the Court in 2004, and the Official Liquidator took possession of its assets. The DGFT had created a lien on the property, leading to a request for its removal and submission of outstanding dues.

2. The Official Liquidator asserted that the DGFT's dues were preferential and requested the removal of the lien/attachment from revenue records. The DGFT filed a claim of ?2,09,19,448, which was acknowledged. The Official Liquidator highlighted that auction purchasers were required to pay post-liquidation local taxes, emphasizing the need for submission of outstanding dues by the revenue authorities.

3. The Court noted that certain prayers, such as directing the Taluka Development Authority to remove lien/attachment, fell outside its jurisdiction. However, it directed the Official Liquidator to consider the DGFT's claim in accordance with the law and engage a government-approved valuer for property valuation. The Court clarified that other prayers related to convening a sale committee meeting and opening the valuation report could not be addressed in a combined manner, requiring separate actions.

4. Ultimately, the Court partially allowed the application, granting relief in specific aspects while restricting the scope of certain prayers. The Official Liquidator was directed to proceed with the consideration of claims and property valuation, emphasizing compliance with legal procedures and the necessity for separate reports for valuation.