KESARI VANASPATI PRODUCS LTD Vs. STATE

JUDGEMENT

(1.) Application No. 15446/2014 under Section 460(4) of the Companies Act, 1956(for short 'the Act') read with Rule 9 of the Companies(Court) Rules, 1959(for short 'the Rules') has been filed by the Official Liquidator seeking modification of orders dated 05.06.2014 and 04.07.2014 passed by learned Additional Chief Judicial Magistrate, Niwai, District Tonk(for short 'the Trial Court') and for dispensing with condition of filing Indemnity Bond/Supurdiginama of Rs. 10,00,000/- by the Official Liquidator and in the alternative, it has been prayed that if the condition of Indemnity Bond/Supurdiginama by the Official Liquidator is at all necessary, it should be clarified that the indemnity bond would be only made in the name of designation, i.e., "Official Liquidator of M/s. Kesari Vanaspati Products Limited(In Liquidation)" and not the person holding the said designation and Bond should be confined to ownership issued as also the indemnity bond/suprudiginama of Rs. 10,00,000/- be reduced/ substituted by the "full amount of realised value of the stolen goods so sold."

(2.) Despite notice of the application to the State Counsel, Mr. B.N. Sandu, no one has appeared to contest the application.

(3.) The applicant, Official Liquidator was appointed as provisional Liquidator in winding up petition filed against M/s. Kesari Vanaspati Products Limited by this Court vide order dated 23.01.2004. The applicant Official Liquidator filed Company Application No. 67/2013 seeking necessary direction with regard to numerous thefts and murder which taken place in factory premise of the Company(in liquidation) situated at Niwai, District Tonk for which number of FIRs were lodged and investigation was done by the Police Station Niwai. The culprits were caught and charge sheets were filed and various criminal cases with regard to thefts have been registered and pending before the learned Trial Court. In the application submitted before this Court, direction was sought to be issued to S.H.O., Police Station Niwai, District Tonk to hand over the stolen goods recovered in the theft case from the accused to the Official Liquidator with permission to sale the same as such articles were subject to decay. This Court vide order dated 28.03.2014 directed S.H.O., Police Station Niwai, District Tonk present in the Court to furnish the list of articles which have been recovered and seized from the accused persons. Said list was provided to Official Liquidator by Deputy Superintendent of Police cum C.O., Tonk.