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Judgment
Arindam Sinha, J
Ms. Sharma, learned advocate, Deputy Official Liquidator appears and submits, the office has filed report dated 29th August, 2022. In context of the report, prayers have also been made. The prayers are reproduced below.
“(a) The certificate dated 26.08.2022 under Rule 167 of the Companies (Court) Rules, 1959 filed by the Official Liquidator may kindly be approved.
(b) Leave may kindly be granted to the Official Liquidator to issue the notice of admission and rejection to the creditors of the Company in Liquidation.
(c) To direct the State Government to deposit the balance sale consideration amount of Rs.115.00 Crore within 30 days so as to enable the Official Liquidator for declaration of dividend under rule, 276 of the Companies (Court) Rules, 1959.
(d) To pass such further order/orders as the Hon’ble Court may deemed fit and proper. ”
She submits, at this time there be direction on prayers (b) and (c) with liberty to the office to press for prayer (a) at a later date on working out consequence of issuance of notices for admission and rejection, to the creditors.
Mr. Parija, learned senior advocate, Advocate General appears on behalf of State and submits, Rs.115 crores will be put in by 30 days, as has been prayed in the report. He points out there is typographical error in order dated 2nd August, 2022 to record name of opposite party. He submits further, the winding up proceeding was commenced in this Court on recommendation of the Board for Industrial and Financial Reconstruction (BIFR).
Mr. Mishra, learned senior advocate appears on behalf of IDCO and adopts position taken by Mr. Parija.
Name ‘M/S. Pradhan Industries Ltd.’ mentioned as opposite party in order dated 2nd August, 2022 be deleted. The correction be deemed to have been incorporated in said order.
For purpose of identification, the Registry is directed to register and number the report dated 29th August, 2022 as a company application.
There will be order in terms of prayers (b) and (c).
List on 18th October, 2022.
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