Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH ::
THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE AMARAVATI PRESENT THE HONOURABLE MS. JUSTICE B.S. BHANUMATHI COMPANY APPLICATION NO: 51 OF 2024 IN C.P No.128/2QQfi In the matter of Companies Act, 1956 And In the matter of M/s. Vijetha Agro Farms (India) Limited (In Liqn.) Between: Vijetha Agro Farms (INDIA) Limited, M/s.Vijetha Agro Limited(ln Liqn.), Rep. by the Official Liquidator, Attached Telangana and Andhra Pradesh Bandlaguda, Nagole, Hyderabad-500068 Farms (India) to High Court of Floor, Corporate Bhawan, ST 1 ...Applicant Company Application filed under Section 528 Companies Act, 1956 read with Rules 139, 174 of the Companies (Court) Rules, 1959 pleased to pass an order to 529A & 530 of the 147, 148, 159, 160, 163, 173 & praying that High Court may be
I. permit the Official Liquidator to invite the claims from the creditors (including depositors) of M/s. Vijetha Agro Farms (India) Limited (I Liquidation) under Rule 148 of the Companies (Court) Rules, 1959. permit the Official Liquidator to advertise the notice to invite the claims from the creditors (including depositors) of above company (In Liqn.) in daily newspapers on DAVP/Govt, rates as mentioned below n II. SI.No Name of the Newspaper(s) The Times of India, English Daily. Details of Edition 1 All Editions covering the States of Andhra Pradesh and Telangana 2 Andhra Jyothi, Telugu Daily All Editions covering the State of Andhra Pradesh. All Editions covering the State of Telangana. 3 Namasthe Telangana, Telugu Daily Or any other newspapers as on DAVP/ Govt, rates may be decided by this Hon’ble Court as the office of the Official Liquidator is a Central Government office attached to the Hon'ble High Courts Andhra Pradesh & Telangana, in the prescribed proforma i.e. Form of No.63 - Advertisement of notice to creditors (including depositors) prove their claim under Rule 148(1) of the Companies (Court) Rules 1959, and permit the Official Liquidator to to incur necessary Establishment Fund funds same may be recouped after realization of advertisement expenses from Estate and Account, since the company (In Liqn.) does not have sufficient to its credit and the assets. permit the Official Liquidator to exercise all the adjudication of claims received from III. powers required for the creditors (including
4- depositors) of the above company (In Liqn.) as per the provisions of the Companies Act, 1956 and the Companies (Court) Rules, 1959.
order that the costs of this application do come out of the available funds of the company (In Liqn.) IV. This Company Application coming on for orders, upon reading the Company Application and the affidavit dated 26/12/2024 filed by Sri Uttam Kumar Sahoo, Official Liquidator in support of the Company Application and upon hearing the arguments of Sri T V P Sai Vihari Counsel for the Official Liquidator for the Applicant. The Court made the following:
9^ APHC010603572024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] THURSDAY,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI COMPANY APPLICATION NO: 51/2024 Between: M/s.Vijetha Agro Farms (india) Limited ...APPELLANT AND ...RESPONDENT Nil Counsel for the Appellant:
1.T V P SAI VIHARKSC FOR OFFICIAL LIQUIDATOR) Counsel for the Respondent:
1. The Court made the following:
ORDER: This company application is filed under section 528, 529, 529-A & 530 of the Companies Act, 1956 read with rules 139,147,148,159,160,1 63,173 & 174 of the Companies (Court) Rules, 1959, to permit the official liquidator to invite the claims from the creditors (including depositors) of M/s.Vijetha Agro Farms (India) Limited (in liquidation) under rule 148 of the Companies (Court) Rules,
1959. permit the official liquidator to advertise the notice to invite the claims from the creditors (including depositors) of above company i) ii) /
\ 2 \ BSB,.
COMPA.No.51 of2024 (in liquidation) in daily newspapers on DAVP/Government rates as mentioned below; SI. Name of the Newspaper(s) The Times of India, English Daily Details of editions No. 1 All editions covering the states of Andhra Pradesh and Telangana. 2 Andhra Jyothi Telugu Daily All editions covering the State of Andhra Pradesh. 3 Namasthe Telangana Telugu Daily. All editions covering the State of Telengana. Or any other newspaper as may be decided by this Court DAVP/Govt.rates as the office of the Official Liquidator is a central Government office attached to the Honourable High Courts of Andhra Pradesh & Telangana, in the prescribed proforma ie., form No.63-advertisement of notice to creditors (including depositors) to prove their claim” under rule 148(1) of the Companies (Court) Rules, 1959, and permit the official liquidator to incur necessary advertisement expenses from the Estate & Establishment Fund Account, since the company (in liquidation) does not have sufficient funds to its credit and the same may be recouped after realization of assets. on iii) permit the official liquidator to exercise all the powers required for adjudication of claims received from the creditors (including depositors) of the above company (in liquidation) as per the provisions of the Companies Act, 1956 and the Companies (Court) Rules, 1959.
order that the costs of this application do come out of the available funds of the company (in liquidation); and iv) \ V
3 BSB,J COMPA.No.51 of 2024 pass such further or other order or orders as this Court may deem fit and proper in the circumstances of the case.
2. For the reasons stated in the affidavit, the relief prayed in claims Nos.(i) to (iv) are allowed as prayed for. V) There shall be no order as to costs, sequel thereto, miscellaneous petitions, if any, pending in this company application shall stand closed. As a Sd/- S.V.S.R.MURTHY JOINT REGISTRAR \ //TRUE COPY// SECTION OFFICER To,
1. The Official Liquidator, M/s Vijetha Agro Farms (INDIA) Limited, Office at Floor, Corporate Bhawan, Nagole, Bandlaguda, Thattiannaram Village, Hayathnagar Mandal, Ranga Reddy District, Telangana State Pin Code-500 680.
2. The Registrar of Companies, Ministry of Corporate Affairs, Government 2"'^ Floor, Corporate Bhawan, Nagole, Bandlaguda, Thattiannaram Village, Hayathnagar Mandal, Ranga Reddy District, Telangana State Pin Code-500 680 St 1 of India
3. The Regional Director, South Eastern Region, Ministry of Corporate Affairs, 3'''^ Floor, Corporate Bhawan, Nagole Bandlaguda Thattiannaram Village, Hayathnagar Mandal, Ranga Reddy District, Telangana State Pin Code-500 680.
4. One CC to Sri.T V P Sai Vihari (Standing Counsel for Official Liquidator) [OPUC]
5. Three CD Copies Stu sree
HIGH COURT DATED:09/01/2025
ORDER COMPA.No.51 of 2024 X 31 JAN 2025 ^ ^ . Current Section ALLOWING THE COMPANY APPLICATION WITHOUT COSTS