OFFICIAL LIQUIDATOR Vs. ASSISTANT COLLECTOR CUSTOMS

JUDGEMENT

(1.) THIS is an application under Section 446 of the Companies Act, 1956 (for short, 'the Act'), for an order that possession of the imported Articles which are contained at page six of the petition may be allowed to be given to the official liquidator and, thereafter, the non -petitioners may be directed to file claims for shipment charges and customs duties as and when the claims are invited by the official liquidator.

(2.) SOME facts are not in dispute and they are these. Against import licence/licences, the goods detailed at page six of the petition were imported by Rajasthan Wooltex Limited (for short, 'the company in liquidation') and the said goods reached Bombay Port in the year 1985. The value of the goods as per the bill of entry was a few lakhs of rupees. As per the reply of the Assistant Collector, Customs, it appears that the goods were not cleared by the company in liquidation and an application for winding up by the company under Section 433/439 of the Act was filed in this court by Aristo Chemicals, Jaipur. This court allowed the application . and a winding up order was made on September 18, 1987. The goods remained in the custody of the Bombay Port Trust Docks, Bombay, and are still lying in the custody of the Assistant Manager of that dock.

(3.) THIS court could have ordered that the official liquidator shall dispose of the goods lying at Bombay Port Trust Dock, but this court has considered it equitable to allow the Bombay Port Trust Dock authorities to sell the goods lying there in the presence of the official liquidator and then to remit the amount to the official liquidator.