Company Application No. 38 of 2025 · The High Court · 2025
Case Details
Acts & Sections
. ln the Matter of the Companies Act, 1956 And ln the Matter of M/s. Sri Vishnupriya lndustries Limited. (ln Liqn.) Between: M/s. Sri Vishnupriya lnduskies Ltd, Aftached to High Court for the State of (in liqn.), Rep. by the Official Liquidator, Telangana Hyderabad. ...Applicant AND
1. Omkara Assets Reconstruction Private Ltd, Rep. by Mr. Srinivasa Rao Veligeti Kohinoor Square, 47th Floor, N.C.Kelkar Marg, R.G.GadkariChowk, Dadar West), Mumbai - 400 028. (Substituted in the place of Stressed Assets Stabilization Fund (lDBl), Mumbai as per the Assignment Agreement daled 31 48 -20241
2. lFCl Ltd., rep. by Dy. General Manager (Law), 5-9-13, Taramandal, 8th Floor, P B.No.57, Saifabad, Hyderabad- 500 004. (Also substituted in the place of lndustrial lnvestment Bank of lndia vide Court orders dt.16-04:2014 in cA.No.453/2014)
3. lnternational Asset Reconstruction Company Pvt. Ltd., Rep. by its President and Chief Operating Officer, 4,/508, 5th Floor, 215, Akium, Kanakia Spaces, AndheriKurla Road, Andheri (E), Mumbai - 400 093. (Substituted in the place of Standard Chartered Bank vide court orders dt.16-04-2014 in CA.No.45,,U2014. Standard Chartered Bank substituted in place of ICIGI by way of assignment of debt in Feb., 2006.)
4. Asset Reconstruction Company (lndia) Ltd., Rep. by its authorized signatory, Flat No.207, 2nd Floor, Bhuvana Towers, Above CMR Exclusive, S.D.Road, Patny, Secunderabad - 500 003. (Substituted in the place of SBH vide court orders dated 16-08-20'll in CA.No.8O4l2O11)
5. StateBankoflndia,Rep.byAsst.General Managar,SARB-2,H.No.118-563/1, RTC Cross Road, Opp. to Sandhya Theatre, 1st Floor, Chikkadapally, Hyderabad - 500 020. (SBl in the place of State bank of Travencore, being merged into SBI vide Gazette No.l28 dated 22-02-20'17l I r 6 The Ge reral Manager, lnduskial Reconstruction Barrk Of India (llBl) Formerlv lndustri:rt ReconstrJction Bank of tnaia Titr FdorlJ,ii euiriing. 'd;.,h;;il;;h1 !y!erg!aa \ew Address 19, NetajiSubii". no"a, i;-ir;;, K;ili;i;;W:Bl 700 001 i. ^rlol9 ...Respondents Apclication U.nder Section 457(1) (c) of the Companies., 1956 read . . with..Rule g arrd 1t(b) of the.Companies (CbJ.t) nrre., f esSi p*yrg ilt'ini" Hon'ble Court nay be pleased to: As n: offer is received from any bidder in resl)ect of sale of assets of the (ompany in liquidation i.e Land about Ac.41.Og cents ,i ;;;;r" surv< y numberr w-ith Buildings, Civil wo-ksiStructures- in tn" aucti )n held on.29-10_2024, neceslary permission ,ry Ou-grrni"I to "_ the c fficiar Liquidator to make the varuaiion of above ,ir"t.iire.r, oy the ;ecured creditor i.e., Omkara Assets Recon struction prlvate Limik:d tc determine the present value of ass€ts as recommended by Asse sare comm.ittee in the meeting herd on ,s-lz-aizi.- Tne valua:ion fee payable to the valuer will bJ borne: Oy tfre Omtiia Rssets Reco.rstriiction private Limited, secured crediror as agreea in Rsset sale lommittee meeting and same may be craimed r,o-m tne office or the Oficial Liquidator as priority erpenses permrr thr: officiar Liquidatoi to prace the 'aruati.n ieport to be subm tted by omkara Assets Reconstruction privat; iimidd,'.et-ur"o credit:r berfore this Hon'bre court for necessao. direclions with reqard to sak; of above as-sets/properties of the subjecic"rprrv ii"'iiq".i"" orde the cost this apprication do come out of the funds of the compitny ir liquidation .. .of . This applicat on (,oming on for orders, upon reading the Judge,s summons and the affidavit dakrd 20.01.2025 filed by Sri Uttam Kumar Sz hoo, C)fficial Liquidator attached to the iigh Court for the State of Telangana, in sJpport of the Company Application and :porr hearing the arguments of _Sri J Srinadh Reddy, Counsel for the Official Liquiilator for the Applicant. The Court made the following: ORDER I THE HON'BLE SRI JUSTICE T. VINOD KUMAR COMPA.ITT APPLICATION No. 38 of 20.25 IN C.P.No.168 of 2OO2 ORDER: This Company Application is f,rled by the Official Liquidator under Section 457(1)(c) of the Companies Act. 1956 read with Rule 9 and 11(b) of the Companies (Court) Rules, 1959.
2. The Official Liquidator prays the following reliefs: "(i) As no offer is received from any bidder in respect of sale of assets of the company in liquidation i.e., Land about Ac.41.09 cents at various survey numbers along with Buildings Civil works/ Structures in the e-auction held on 29 .1O.2O24, necessary permission may be granted to the Offrcial Liquidator to make the vaiuation of above assets afresh by the secured creditor i.e., Omkara Assets Reconstruction Private Limited to determine the present value of assets as recommended by Asset Sale Committee in the meeting held on 09-12-2024. The valuation fee payable to the valuer will be borne by the Omkara Assets Reconstruction Private Limited, secured creditor as agreed in Asset Sale Committee meeting ald same may be claimed from the Offrce of the Official Liquidator as priority expenses. 2 (ii rermit the Official Liquidator to placr: the valuat:on report to be submitted by Oml:ara Assets Re consitruction private Limited, secured creditor be bre this Hontrle Court for necessary clirecrions vrir h r6gap61 to sale of above assets/propet.ties o the su rje< r company (in liqn). (iii) lrrder the cost of this application do come out of the [r-rnds of the company in liquidation."
3. Hei rcl Sri J. Sreenadh Reddy, lear.ned counsel appearin'1 lc'r the official Liquidator and perus;ed the valuation report as furnished the Valuer in a sealed cover to this ( )o,r't along with other material and arso the affidavit cate<l 2O.O 1.2025 field by Sri Uttam kumar Sahoo, Official l-i luid ator.
4. Having regard to the reasons stated in the a:!{idavit frled by tlre Official Liquidator, the Offrcial l,iquidzrtor is permitted for sale of assets of the Company_in _Liqui Cation as per the Valuation report submitted by the iIASF before this Court anrl the fee of the Valuer shall be borne l>y the secured crr:ditor i.e., SASF as agreed to in the nLeetinl3 held I nt. I *7 3 on Og.12.2O24. It is further ordered that the costs of the present application do come of the assets of the Company- in-Liquidation.
5. With the above directions, the present Company Application is accordingly ordered' No costs. //TRUE COPY// Sd/- M. VIJAYA BHASKER JOINT REGISTRAR cTlQN OFFICER To --Hllanaar, ft& t;a"t"i; Bh;il;;A;ndhsuoa, nl'9*' Hvderabad -500068 l.TheofficialLiquid.ator,M/s'SriVishnupriyalndustriesLimited,officeatlst 2. The Registrrr ot co,ipanles,-tvtinistry oi Corporate Affairs' Government of :. fnOlu Zn-O ttoor. Corforate Bhawan' Nagole'.Bandlaguda' Thattiannaram Ranga Reddy District' Telangana State 'Village Hayathnagar Pin Code 500 680. Heglonat Director, South Eastern Region' Ministry of Corporate ntf"ir., aio ttoor Corfoiate Bhawan, Nryolg' Bandlaguda' Thattiannaram Village HayatnnagJr- Manait, Ranga Rlddy District Telangana State' Pin Code 500 680 +. irre s.o o.s. section, High court at Hyderabad, for the state of Telangana. 5. One CC to Sri .,1. SrinaUf, Reddy, Counsel for Official Liquidator, High Court - 3. The - for at HYderabad [OPUC]
6. Two CD CoPies DUPR I HIGH COURT oArED;21t02t2025 ORDER COMPANY APPLICATION No. 38 IN COMPANY PE]'lTlON NO: 168 oF 2002 ORDERING THE COMPANY APPLICATION flI )A ?/ .-a:= lHE S, rAj k Fo e <r; 3" 01 APi ,i.iil (r 2 c i 9, * as 'a-6 '-:=:=: HE\