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TMI Blog2016 (7) TMI 766X X X X Extracts X X X X X X X X Extracts X X X X ..... with the sale of the immovable assets of the company in winding up-now in possession with the applicant-company under the Act of 2002. The applicant company should inform the official liquidator about the date of sale by registered post at least 10 days prior thereto. And on the sale of assets in issue Section 13(9) of the Act of 2002 would attract. - S.B. Company Application No. 11/2016 In S.B. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.08.2015. The Official Liquidator was under the said order directed to take appropriate steps in compliance with Section 457 (1) of the Companies Act, 1956 (hereinafter the Act of 1956 ), including taking in his custody the immovable and movable properties of the company in liquidation. Counsel for the applicant-company submitted that prior to the passing of the order dated 14.08.2015, the po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant company. It has been submitted that the proceedings under the Act of 2002 having been taken and immovable assets of the company in liquidation being in possession of the applicant company no further proceedings are maintainable before the company court under the Companies Act, 1956 (hereinafter the Act of 1956 ) qua the said assets. Under the circumstances, it has been prayed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 13(9) of the Act of 2002 to direct the applicant company to associate him-in the interest of workers -in the sale of the assets of the company in liquidation. It has been pointed out that this direction should also emanate from the averments of the applicant company in the application under consideration itself where it has in fact offered to associate the O.L. with the sale of immovable a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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