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TMI Blog2017 (8) TMI 1145X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1956 and Official Liquidator is discharged as liquidator of company. The Official Liquidator is also allowed to make payment of ₹ 18,320/- to M/s Rai and Company, Chartered Accountant towards their professional fees from common pool fund. The audit of the half yearly/annual accounts of the company (in liquidation) to be filed with this Court is also dispensed with as official liquidator is permitted to close the books of account after setting off/adjusting losses of amount of Rs.(-) 90,165/- from the common pool fund. A copy of this order be filed by the Official Liquidator with the Registrar of Companies within the statutory period, as provided for in the Act. - CO.PET. No.63/2011 & CA Nos.755/2017, 1357/2017 and OLR No.113/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after giving up penal interest. The petitioner also issued legal notice dated 14.12.2010 and delivered by it hand at the registered office of respondent and also sent through courier. Despite this, neither amount was paid nor any reply was received. 5. Vide order dated 10.05.2011, a provisional liquidator was appointed by this Court and citations were directed to be published in Indian Express (English) and Jansatta (Hindi) as well as Delhi Gazette. The Citation had been published in Indian Express (English) and Jansatta (Hindi) on 25.09.2011 as well as Delhi Gazette on 23.02.2012. 6. Subsequently, vide order dated 17.09.2014, the final winding up order was passed and the Official Liquidator attached with this Court was appoin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the highest bidder by the official liquidator on 22.04.2013. 10. The team of the officials of Official Liquidator visited the registered office of the company situated at 63-C, Rameshwar Nagar, Azad pur, New Delhi and peaceful possession of the said office was taken over. The ex-directors of the company (in liquidation) submitted the documents viz. Registered General Power of Attorney, Receipt, Agreement of Sale with the office of the Official Liquidator which were examined. Since the property wherein registered office was situated was found to have been purchased in the year 1990 and the company (in liquidation) having been incorporated in the year 2000, the possession of registered office was released to the ex-directors. However, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x-directors deliberately and with motives obvious made a frivolous attempt to avoid the obligations of submitting the requisite record. 15. The Chartered Accountant vide letter dated 06.09.2014 furnished a review/supplementary report and stated that Sh. Manoj Kumar Sabharwal, ex-director answered the queries and relied on the Audited statement of accounts. The points/issues raised in the report dated 24.02.2012 are stated to have been satisfied by the ex-directors. 16. The process of invitation of claims was deferred as there were no funds in the company's account maintained by this office. However, one of the claimants, Sh. Devender Kumar Tyagi submitted his Claim on prescribed form no.66 on 30.03.2015. He claims to be the workma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... harged as liquidator of company. The Official Liquidator is also allowed to make payment of ₹ 18,320/- to M/s Rai and Company, Chartered Accountant towards their professional fees from common pool fund. The audit of the half yearly/annual accounts of the company (in liquidation) to be filed with this Court is also dispensed with as official liquidator is permitted to close the books of account after setting off/adjusting losses of amount of Rs.(-) 90,165/- from the common pool fund. 23. A copy of this order be filed by the Official Liquidator with the Registrar of Companies within the statutory period, as provided for in the Act. 24. The petition and pending applications as well as report is accordingly disposed of. 25. The d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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