Ambica Mills Co. Ltd. and the official liquidator was
appointed as the liquidator of the company. Thereafter the official
liquidator filed an application before this ... discharging the respective liabilities
of the respondent company. The undertaking given by the company in
liquidation in this case was as under :
“3. I state
Board without seeking prior permission of the
Company Court, since the Company was under liquidation.
(ii) The two plots, in fact, had become the property ... made by this Court in winding up the respondent
Company (Company in liquidation), the applicant Corporation
could have ventured to cancel the allotment of industrial
Board without seeking prior permission of the
Company Court, since the Company was under liquidation.
(ii) The two plots, in fact, had become the property ... made by this Court in winding up the respondent
Company (Company in liquidation), the applicant Corporation
could have ventured to cancel the allotment of industrial
winding up and appointment of Official Liquidator, it is the Official Liquidator only who could represent the company. Proceedings were clearly not maintainable against ... provision in the Companies Act , which prohibits enforcement of the debt due from a company. When a company goes into liquidation, enforcement of debt
company (in liquidation) and the official liquidator and this reason was to enable the official liquidator to take charge of the company's affairs ... bank (bank in liquidation). The apex court answered that in such proceedings liquidator really represents the company and, therefore, the claim made by the liquidator
examine as to whether the Liquidator needs the premises for liquidation proceedings. If not, the Company Court directs the Official Liquidator to hand over ... Section 446(1) of the Companies Act seeking permission of the Company Court which was resisted by the Official Liquidator. At that stage
respondent Bharat Carpets Ltd. (hereinafter referred to as
„the company‟) is a company under liquidation. Provisional
winding up order was passed ... these applications, they
sought permission from the Company Judge to convey their
shares in the company in liquidation to the propounders. In
these applications, specific
company'). This company was incorporated on June 23,1939 under the Companies Act, 1913 . Another company, namely, Indian Turpentine and Rosin Company Ltd. (hereinafter ... company at one time belonged to the same group of companies, namely, J.P. Srivastava Group of Companies. Though both the companies were sister concern
purpose of liquidating the
company. The Official Liquidator appointed becomes the
liquidator of the company by virtue of his office {Section 449}.
Powers ... specifically assigned only
to the Official Liquidator. Thus, it is the Official Liquidator who is
to represent the company (in liquidation) under Section
Mills Pvt. Ltd. (hereinafter referred to as the 'Company'). This company is in liquidation. A winding-up petition being CP No. 98/1984 ... final winding-up order and appointed the Official Liquidator attached to this Court as the Liquidator. Liquidation proceedings are in progress. It may also