ARDOR INTERNATIONAL PVT. LTD. Vs. PAMIRA AUXI CHEM

JUDGEMENT

(1.) Heard learned Advocate Mr. Shivang Thacker with learned Advocate Mr. Dhawan M. Jayswal for the applicant.

(2.) All these reports are filed against the persons who are held indebted to the company in liquidation with a prayer to direct such respondents to deposit the amount shown in the Statement of Affairs as outstanding to the company in liquidation by the Directors.

(3.) These reports are filed purportedly under Sec. 456 , 468 and 477 of the Companies Act, 1956. On perusal of Sec. 456 , 468 and 477 of the Companies Act, it transpires that the Official Liquidator has no right to come before this Court with the prayers made in this report for direction to the persons who are indebted to the company in liquidation without there being any admission on the part of such persons as per provisions of Sub- sec. (5) of Sec. 477 of the Companies Act, 1956. Provisions of Sec. 456 , 468 and 477 of the Companies Act, 1956 does not authorize the Official Liquidator to straight away approach this Court for direction to the persons who are indebted to the company in liquidation as per the amount shown as outstanding in the Statement of Affairs.