OFFICIAL LIQUIDATOR Vs. COLLECTOR

JUDGEMENT

(1.) This application under section 460(4) of the Companies Act, 1956 read with Rules 9, 11(b) of the Companies (Court) Rules, 1959 has been filed by the Official Liquidator to declare that the auction sale conducted by the District Collector and Thasildar, Vaniyambadi, Vellore District as null and void in view of section 536(2) of the Companies Act, 1956. It is also prayed respondent No.3 be directed to hand over the property to the Official Liquidator, Madras and to permit the Official Liquidator to revalue the entire assets of the company in liquidation through an approved Valuer. To permit the Official Liquidator to pay the security charges due to Security Agency M/s.Swastik security service from the date of appointment to till date from the common Establishment charge account and later to recover from the sale proceeds.

(2.) It may be noticed here that this application is again not in the form prescribed under the Companies (Court) Rule 1959 and has been filed in the form of Judges Summons in support of which no affidavit has been filed, but report of the Official Liquidator has only been filed.

(3.) In the report submitted by the Official Liquidator, it is reported that M/s.Akber Leathers Ltd. Was ordered to be wound up on 20.9.2006 by this Court in C.P.No.14 of 1997. The Official Liquidator attached to this Court was appointed as Liquidator with a direction to take charge of all the assets and effects of the company in liquidation.