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2014 (8) TMI 1174

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..... 2013, 445 OF 2013, 458 OF 2013 - -
Corporate Laws
Mr. S.J. KATHAWALLA, J. ORDER P.C.: 1. The above Seventeen Company Petitions have been filed by the Petitioners therein against the Respondent Company - M/s. Amar Remedies Limited ("the Company"), seeking winding up of the said Company. The Petitions have been admitted by this Court from time to time. The admission of the Company Petition was advertised as directed by this Court. The Company has filed its AffidavitsinReply wherein the Company admittedly has not set up any defense on merits. The above Petitions are now taken up for final hearing. 2. The learned Advocate for the Respondent after obtaining instructions from the Director of the Company, who is present in Court, has in .....

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..... ay. The Managing Director further undertakes to call for the statutory records of the Company viz. Register of workers, etc. from the factory/office premises at Daman and Dehradun and hand over the same to the Official Liquidator on or before 1st September, 2014. The Company Petitions are accordingly disposed of. 4. However, before parting with this order, I would like to record the very distressing state of affairs prevailing in the office of the Official Liquidator, High Court, Bombay. In the present matter, the Official Liquidator, High Court, Bombay, was appointed as a Provisional Liquidator of the Company as far back as on 31st July, 2013. At that time one Mr. Reddy was the incharge Liquidator. Except for writing two letters, one in .....

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..... thereof in one of the matters this Court passed the following order: "Since the Official Liquidator is on leave, Mr. Reddy and Mr. Gupta, the two Deputy Official Liquidators are present before the Court to attend to the Official Liquidator's Reports. Both the Deputy Official Liquidators have not read the papers in the above matter. In view thereof, instead of assisting the Court, they are making incorrect representations in the matter. In view thereof, place the Official Liquidator's Report/s for hearing when the Official Liquidator resumes his duties." 6. Apart from the above, this Court has in various matters observed that several officials from the Office of the Official Liquidator who are assigned with the matters coming up i .....

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..... rievance that the entire office of the Official Liquidator would be deserted by 5.30 p.m. and no one would be available to assist them. The Advocates briefed in the matters to represent the Official Liquidator also complained that they were receiving briefs at 10.30 in the morning on the day the matter was placed for hearing and no instructions would be forthcoming from the office of the Official Liquidator. The above pathetic functioning of the working in the office of the Official Liquidator had to be brought to the notice of the Learned Chief Justice who was pleased to immediately appoint a Committee to look into and supervise the working of the office of the Official Liquidator. During the initial meetings of the Committee, even the Reg .....

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