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2025 DAILYLAW 36803 (AP)

The Officiai Liquidator, v. NIL

COMPA/50/2024 · 2025-01-09

B S Bhanumathi

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B.S. BHANUMATHI COMPANY APPLICATION NO: 50 OF 2024 IN C.P No. 34/1985 In the matter of the Companies Act, 1956 And In the matter of M/s A.P Carbides Ltd & Various Companies (in liqn) The Official Liquidator, attached to the Hon’ble High Court of Telangana and Andhra Pradesh, 1st floor. Corporate Bhawan, Bandlaguda, Nagole, Hyderabad -500068 ...Applicant Company Application under Section 457 & 462 of the Companies Act, 1956 read with Rules 298, 300, 302, 304, 306 & 309 and further read with Rule 9 of the Companies ( Court) Rules, 1959 praying for an order to take this affidavit and facts stated herein on record approve the allocation of 36 Companies (in liqn) as per Annexure-A among 3 Chartered Accountants viz., ). M/s. Murthy and Kanth, Chartered Accountant, Hyderabad 2). M/s. Padmanabha Rao and Co., Chartered Accountant, Hyderabad 3). M/s. K.B.S. Associates, Chartered Accountant, Hyderabad on equal basis (i.e.,12 companies each to auditors) or pass such other order as this Honble Court deem fit and proper for the audit of Half Yearly Accounts of such companies (In liquidation) for the period from 01.04.2024 to 30.09.2024. permit the Official Liquidator to file the Audit Report of the Half yearly accounts for the period from 01.04.2024 to 30.09.2024 in respect of 36 Companies (in liquidation) before this Honble Court within 60 days from the date of receipt of the same from the Chartered Accountants, so allotted, dispense with the filing of half yearly accounts and audit thereof in respect of 13 companies (in liquidation) as there are no transactions of receipts and Payments for the period 01.04.2024 to 30.09.2024.(as stated at Para No.4) permit the Official Liquidator to pay the fee of Rs.500/- plus GST company (in liquidation) to the said Chartered Accountants in accordance with the order of this Honble Court dated 08.04.2022 made in C.A.No.8/2022 in RCC.No.2/1995. permit the Official Liquidator to make payment of fee to the said Auditors out of the funds of the respective Companies in liquidation and in case of Companies where sufficient funds are not available, it may be permitted to pay the fee from the funds of the Estate and Establishment Fund Account of the Official Liquidator, subject reimbursement of the same from the funds of such Compan realization of assets of those Companies, if any. order that the cost of this application and miscellaneous come out of the funds of the respective Companies in liquidation This Company Application coming on for orders, upon reading the Company Application and the affidavit dated 24/12/2024 filed by Sri may IV. V. per VI. to les upon vii. cost do 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: APHC010603582024 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: 50/2024 Between: The Official Liquidator, Attached to the Honourable High Court of Telangana, And Andhra Pradesh, 1®* floor. Corporate Bhawan, Bandlaguda, Nagole, Hyderabad - 500068 AND ...Applicant Nil ....Respondent Counsel for the Appellant: 1.T V P SAI VIHARI(SC FOR OFFICIAL LIQUIDATOR) Counsel for the Respondent: 1. The Court made the following: ORDER: This company application is filed under section 457 & 462 of Companies Act, 1956 r/w rules 298,300,302,304,306 & 309 and further read with Rule 9 of the Companies (Court) Rules, 1959. i) to take this affidavit and facts stated herein on record. 1i) approve the allocation of 36 Companies (in liquidation) as per Annexure-A to 3 Chartered Accountants viz.,1) M/s.Murthy & 2 BSB COMPA.No.50 of 20^‘t Kanth, Chartered Accountant, Hyderabad 2) M/s.Padmanabha Rao & Co., Chartered Accountant, Hyderabad 3) M/s.K.B.S. Associates, Chartered Accountant, Hyderabad proportionately (ie., 12 companies each to auditors) or pass such other order as this Court may deem fit and proper for the audit of Half Yearly Accounts of such companies (in liquidation) for the period from 01.04.2024 to 30.09.2024. permit the Official Liquidator to file the audit report of the half yearly accounts for the period from 01.04.2024 to 30.09.2024 in respect of 36 companies (in liquidation) before this Court within 60 days from the date of receipt of the same from the Chartered Accountants, so allotted, dispense with the filing of half yearly-accounts and audit thereof in respect of 13 companies (in liquidation) as there are no transactions of “receipts and payments” for the period 01.04.2024 to 30.09.2024 (as stated at para No.4). permit the official liquidator to pay the fee of Rs.500/- plus GST per company (in liquidation) to the said chartered accountants in accordance with the order of this Court dated 08.04.2022 made in C.A.No.08 of 2022 in RCC No.02/1995. permit the official liquidator to make payment of fee to the said auditors out of the funds of the respective companies in liquidation and in case of companies where sufficient funds are not available, it may be permitted to pay the fee from the funds of the Estate and Establishment Fund Account of the official liquidator, subject to reimbursement of the same from the funds of such companies upon realization of assets of those companies, if iii) iv) V) Vi) any 'V r % 3 BSB,J ' COMPA.No.50 of 2024 order that the costs of this application and miscellaneous cost do come out of the funds of the respective companies in liquidation and pass such order which this Court deems fit and proper. vii) For the reasons stated in the affidavit, the claims Nos.(i) to (iv) allowed as prayed for. 2. are There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this company application shall stand closed. Sd/- E KAMESWARA RAO DEPUTY REGISTRAR //TRUE COPY// SEertON OFFICER \, To, / 1. The Official Liquidator, M/s A.P Carbides Ltd & Various Companies (in Floor, Corporate Bhawan, Nagole, Bandlaguda, St liqn). Office at 1 Thattiannaram Village, Hayathnagar Mandal, Ranga Reddy District, Telangana State Pin Code-500 680. 2. The Registrar of Companies, Ministry of Corporate Affairs, Government Floor, Corporate Bhawan, Nagole, Bandlaguda, nd of India, 2 Thattiannaram Village, Hayathnagar Mandal, Ranga Reddy District Telangana State Pin Code-500 680 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.50 of 2024 ALLOWING THE COMPANY APPLICATION WITHOUT COSTS