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2008 (11) TMI 397

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..... s Ltd. a creditor under sections 434 and 439 of the Companies Act, a petition under sections 433, 434 and 439 was admitted by this court on 1-9-1992 the Official Liquidator attached to this court was appointed as the provisional liquidator of the company. The company was thereafter directed to be wound up by an order passed on 25-9-1997. 2. The matter was listed on 7-12-2006 when the court noted that after December, 1999, the official liquidator had not taken any further steps and no status report/compliance report had been filed. It is noteworthy that a report stood filed in the court only one day prior to the date of hearing. No further or effective steps had been taken in the matter after 1995 to comply with the statutory provisions .....

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..... de novo inquiry into the matter as to why steps were not taken for a long time since the passing of the order so as to fix the responsibility on the officers found responsible for the same. A period of three months was given for completion of the inquiry which would have lapsed in July, 2008. 7. Despite the specific schedule fixed by the court, on the 11-8-2008, further time was sought to file the report. The court had directed the Official Liquidator to complete the inquiry in terms of the order dated 29-4-2008 positively within six weeks. 8. From the above, it would therefore appear as if there is effort to cover up the truth is not revealed and the persons who are responsible for the lapses are shielded. 9. It is stated tod .....

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..... which are being listed by the Registry for the reason that not a single report has been filed in cases of companies under liquidation despite passage of decades since the passing of the winding up orders. In this background the official liquidator was directed to carefully get all files examined and place a statement before this court with regard to any other similar case where despite passing of winding up orders, no steps have been taken with regard to the affairs of the company. It is necessary to note that despite passage of over four months and repeated queries, the Official Liquidator is not in a position to state even the exact number of companies which are under liquidation, status of the liquidation proceedings; number of immovable .....

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