The Court considered the winding up of a company, seeking ...
Winding up company, land rights dispute. Court determined shares in lands, valuation-based compensation approach. Revised scheme verification ordered. Disbursements to resume.
Case Laws Companies Law
July 31, 2024
The Court considered the winding up of a company, seeking release of lands and claiming rights in the land taken over by the Official Liquidator (OL). The Court estimated the company's share contribution and market value of the lands, determining that the company would be entitled to its respective shares of 50%, 37.5%, and 25% in the Talan, RSEB, and Gulab Bagh lands. A valuation-based approach on these shares was deemed a mode of compensating the company for the value of its share in these lands. The Court declined to direct any adjustment of the claimed amount of Rs. 47 lakhs, as it was not an admitted sum. Regarding the sanction of the revised scheme for compromise and/or arrangement u/s 391/394 of the Companies Act, 1956, the Court directed the OL to verify and file a response/report on the latest position of assets and liabilities, including details of fixed assets, shares, securities, unsecured creditors, and bond holders. The Court directed the Disbursement Committee to recommence disbursements to depositors and bond holders, as per the Supreme Court's order, and continue disbursement of the remaining 1,719 claims. The entire records were to be handed over to a new Committee by 30th April, 2024, which would start functioning from 1st May, 2024, and submit bi-monthly reports.
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