Telangana High Court

COMPA/1538/2010 of M/S. ETOS CONSULTING LTD., (IN LIQN.) Vs - on 29 December 2010

Cites 0, Cited by 0

Ms. JUSTICE G. ROHINI COMPANY APPLICATION No. 1538 OF 2010 IN COMPANY PETITION No. 147 OF 2001 Date: 29.12.2010 Between: M/s. ETOS Consulting Ltd., Rep., by the Official Liquidator … Applicant THE HON’BLE Ms. JUSTICE G. ROHINI COMPANY APPLICATION No. 1538 OF 2010 IN COMPANY

THE HON’BLE Ms. JUSTICE G. ROHINI

COMPANY APPLICATION No. 1538 OF 2010INCOMPANY PETITION No. 147 OF 2001

Date: 29.12.2010

Between:

M/s. ETOS Consulting Ltd.,Rep., by the Official Liquidator … Applicant THE HON’BLE Ms. JUSTICE G. ROHINI

COMPANY APPLICATION No. 1538 OF 2010INCOMPANY PETITION No. 147 OF 2001

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

O R D E R :

This is an application filed by the Official Liquidator attached tothis Court representing M/s. ETOS Consulting Ltd., a company inliquidation, seeking permission to dispense with issue ofadvertisement for inviting the claims from the creditors.

I have heard Sri M.Anil Kumar, learned counsel representing theOfficial Liquidator and perused the material available on record.

In the affidavit filed in support of the application, it is stated thatM/s. ETOS Consulting Ltd., was directed to be wound up by this Courtby order dated 15.03.2022 in C.P.No.147 of 2001. Thereafter, theOfficial Liquidator had taken possession of the assets and records ofthe company in liquidation and by sale of the movable properties asum of Rs.3,68,819.04 ps. could be reaslised and the same was lyingto the credit of the company in liquidation. It is stated that theStatement of Affairs of the company in liquidation filed by the Ex-Directors revealed only one secured creditor. Apart from the claim ofRs.5,81,214/- received from the petitioner in winding up petition, as perlist C of Statement of Affairs a total sum of Rs.1,59,848.50 ps. was dueto the preferential creditors. Since the amount realised on sale of themovable assets of the company in liquidation was only Rs.3,39,101/-which was not even sufficient to pay to the secured creditor and thepreferential creditors shown in the Statement of Affairs of the company,the present application has been filed by the Official Liquidatorseeking permission to dispense with the issue of advertisement forinviting the claims from the creditors and instead to send notices to the creditors in Form No.64 to prove their claims against the assets of thecompany.

Having heard Sri M.Anil Kumar, the learned counsel for theOfficial Liquidator and having regard to the facts and circumstancesexplained by the Official Liquidator, which made it clear that there areno sufficient funds to the credit of the company in liquidation, I deem itappropriate to dispense with the issue of advertisement for inviting theclaims from the creditors.

Accordingly, the Official Liquidator is hereby permitted todispense with the issue of advertisement for inviting the claims fromthe creditors. The Official Liquidator is also permitted to sendindividual notices to the creditors as per the statement of Affairs of thecompany to prove their claims against the assets of the company inForm No.64 of the Companies (Court) Rules, 1959.

Application is accordingly allowed as prayed for.

Date: 29.12.2010KLP

____________G. ROHINI, J.

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead