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Judgment
R.K. Merathia
I.A. No. 3644 of 2011
This is a show cause filed on behalf of Anand Kumar Burman, Deputy Manager (Marketing), of M/s Anjaney Ferro Alloys Limited, pursuant to the order dated 16th December 2011.
It is submitted by Mr. Rajiv Ranjan, learned counsel appearing for him that due to inadvertent typographical mistake in the petition, he has wrongly submitted that the bid alongwith draft of Rs. 50 lakhs is still lying with the Official Liquidator though it was returned and received.
Heard. The show cause filed on his behalf is accepted.
Mr. Rajiv Ranjan further submitted that this I.A. has been filed for modification/clarification of the order dated 15/04/2011, passed by this Court in this company petition to the extent that the said order dated 15/04/2011 should have no bearing on the impleadment of the applicant namely M/s Anjaney Ferro Alloys Limited (AFAL) in the proceeding pending before B.I.F.R. /A.A.I.F.R.
Mr. Ashok Kumar Sinha, learned counsel, pointed out that A.F.A.L., has filed a Company Appeal No. 1/ 2011 against the said order dated 15/04/2011.
On this, Mr. Rajiv Ranjan, submits that he undertakes to withdraw the said company appeal within one week from today.
He is permitted to do so.
Heard the parties.
According to the A.F.A.L., it was rightly impleaded as party by B.I.F.R.
Whereas, according to the ExManagement of Raj Hans Steel Limited (company in liquidation), it was wrongly impleaded and against such order, appeal is pending before AAIFR.
In that view of the matter, it is clarified that A.F.A.L. is not a necessary party in this liquidation proceeding after cancellation of the sale notice and return of the bid amount to it. AAIFR may independently examine the question of impleadment of A.F.A.L. without being prejudiced by the order dated 15/04/2011 passed in this company petition.
With these observations, this interlocutory application stands disposed of.
The Official Liquidator pointed out that he has given the list of affidavits/interlocutory applications/reports, which have been disposed of or have become infructuous.
Office need not place them unless ordered.
Let a copy of this order be handed over to the Official Liquidator.