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2026 DAILYLAW 55921 (MAD)

The Official Liquidator of M/s.Subhiksha Trading Services Ltd. v. nil

COMP.A/178/2026 · 2026-07-24

K Kumaresh Babu

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

COMP.A No. 178 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU COMP.A No. 178 of 2026 IN CP NO. 68 OF 2009 The Official Liquidator, High Court, Madras as the Liquidator of M/s.Subhiksha Trading Services Ltd., (in liquidation) ..Petitioner(s) Vs nil nil ..Respondent(s) Judge’s Summons filed under Section 460(4) of the Companies Act, 1956 read with Rules 9, 11(b) of the Companies (Court) Rules, 1959, praying for the following reliefs: (1) To take this report on record. 2) Ratify the action of Official Liquidator in engaging the services of Chartered Accountant viz., M/s.K.M.Mohandass and Co., No.36, First Floor, Sait Colony First Street, Egmore, Chennai-600 008 to scrutinize the available documents of the company in liquidation and report submitted by SFIO and to prepare Misfeasance Application under Section 542/543 of the Companies Act, 1956 against the Ex-directors and others on Board responsible for fraudulent transaction of the business. 3)Permit the Official Liquidator to pay the Professional fee incurred by Chartered Accountant in respect of the above services from the Common Pool Fund maintained by the Official Liquidator and to recoup the same on realization of funds in the credit of the company in provisional liquidation. https://www.mhc.tn.gov.in/judis COMP.A No. 178 of 2026 __________ Page2 of 4 4)Permit the Official Liquidator to file Misfeasance proceedings/application against the Ex-Directors and others who were responsible for fraudulent conduct of the business on receipt of the final report from the Chartered Accountant engaged by the Official Liquidator. 5) Permit the Official Liquidator to meet out the cost of this application from the funds of the company in liquidation. For Petitioner(s): Ms.B.Ambili Deputy Official Liquidator ORDER This Company Application has been filed seeking for the following reliefs:- “(1) To take this report on record. 2) Ratify the action of Official Liquidator in engaging the services of Chartered Accountant viz., M/s.K.M.Mohandass and Co., No.36, First Floor, Sait Colony First Street, Egmore, Chennai-600 008 to scrutinize the available documents of the company in liquidation and report submitted by SFIO and to prepare Misfeasance Application under Section 542/543 of the Companies Act, 1956 against the Ex-directors and others on Board responsible for fraudulent transaction of the business. 3)Permit the Official Liquidator to pay the Professional fee incurred by Chartered Accountant in respect of the above services from the Common Pool Fund maintained by the Official Liquidator and to recoup the same on realization of funds in the credit of the company in provisional liquidation. 4)Permit the Official Liquidator to file Misfeasance proceedings/application against the Ex-Directors and others who https://www.mhc.tn.gov.in/judis COMP.A No. 178 of 2026 __________ Page3 of 4 were responsible for fraudulent conduct of the business on receipt of the final report from the Chartered Accountant engaged by the Official Liquidator. 5) Permit the Official Liquidator to meet out the cost of this application from the funds of the company in liquidation..” 2. I have perused the contents of the Report filed by the Official Liquidator upon which the application had been made before this Court and having been satisfied with the reasons stated therein, I am inclined to allow this application as prayed for. 3. In fine, this Application is ordered as prayed for. 24-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No kak https://www.mhc.tn.gov.in/judis COMP.A No. 178 of 2026 __________ Page4 of 4 K.KUMARESH BABU, J. kak COMP.A No. 178 of 2026 IN CP NO. 68 OF 2009 24-07-2026 https://www.mhc.tn.gov.in/judis