Company Application No. 83 of 2025 · The High Court · 2025
Case Details
Acts & Sections
The.Official Liquidator, attached to the Honourable High Court of Telangana, and Andhra Pradesh, 1st floor Corporate Bhawan, Bandlaguda, Nagole, Hyierabad - 500068. ...Appticant Application under Section 457 & 462 of tre Companies Act, 1956 read with and Rules 298,300,302,304,306 & 309 and further read riyith Rule g of the Companies (Court) Rules't959 praying that this Hon'ble Court may be pleased to: ii. iii. take this affidavit and facts stated herein on record. approve the allocation of 101 companies (in liqn) as per Annexure-A among 3 Chartered Accountants viz.,1). 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 proportionately (i.e., 34 companies each to two auditors at Sl.No.1 and Sl.No.2 and 33 companies to one auditor at Sl.No.3) or pass such other order as this Hon'ble Court may deem fit and proper for the audit of Half Yearly Accounts of such companies (in Liquidation) for the period from 0111012024 to 3110312025. permit the Official Liquidator to file the Audit Report of the Half yearly accounts for the period f(om 01 .10.2024 to 31 ..03.2025 in respect of 101 companies' (in liquidation) before this Honourable Court within 60 days f rom the date of receipt of the same from the Chart:red Accountants, so allotted. take the half yearly statement of accounts for the oeriod 01.10.2024 lo 31 .03.2025. on record as per Annexure-B in respe:t of 18 companies (in liquidation) as there are no transactions of receipts a nd payments in such companies and dispense with appointment of audito- :nd audit of such half yearly accounts for the above period. (stated above in para-4) take the half yearly statement of accounts for the peric d from 01.10.2024 to 31 .03 2025 on records in respect of 14 comparir.s (tn Liqn.) as per Annexure-C as there is no receipt and investment in such companies but only expenses of court fee stamps and notary ,:harges and hence, dispense with appointment of auditor and audit of sur:f half yearly accounts for the above period. (Stated above in para-S) permit the Official Liquidatorto pay the audit fee of R;.500/-plus GST per Company (in liquidation) to the said Chartered Accou rtants in accordance with the order of this Hon'ble Court dated )it 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 firnds of the respective Companies in liquic ation and in case of Companies where sufficient funds are not available, il may be permitted to pay the fee from the funds of the Estate and Establis rment Fund Account of the Official Liquidator, subject to reimbursement o, the same from the funds of such Companies upon realization of assets o{ those Companies, if any. Order that the cost of this application (court fee stamps and notary charges) do come out of the funds of the Company in lrluidation. v v This application coming on for orders, upon readir g the affidavit dated 30.06.205 filed by sri uttam Kumar sahoo, official Liquidatcr attached to the High court for the state of relangana, in support of the company l,pplication and upon hearing the arguments of sri J. sreenadh Reddy, cor r sel for the officiar Liquidator for the Applicant. The Court made the following: ORDER 1 THE TIONOURABLE SRI JUSTICE K. LAKSHMAN COMPANY APPLICATION No.83 of 2025 in R-C.C.No.2 ofl995 ORDER: This application is filed by the Official Liquidator seeking relief as follows: take this affidavit and facts stated herein on record. appmve the allocation of l0l companies (in liqn) as i) ii) per Annexure-A among 3 Chartered Accountants viz., I ). lWs. Murthy and Kanth Chartered Accountant, Hyderabad 2). IWs. psdmanabtm Rao and Co., Chartered Accountant, I{yderabad 3). lvlls.K.B.S.Associates, Chartered Accountant, Hyderabad proportionately (i.e., 34 companies each to two auditors at Sl.No.l and S[.No.2 and 33 companies to one auditor at S1.No.3) or pass such othcr order as this Hon'ble Court may deem frt and proper for the audit of Half Yearly Accounts of such companies (in Liquidation) for the period from permit the Official Liquidator to file the Audit Report 0l .lO .2024 to 3l .03 .2025 . iiD of the Half yearly accounts for the period fiom 01.10.2024 to 31.03.2025 in respect ol l0l companies (in liquidation) before this Hon'ble Court within 60 days from the date of receipt of take the half yearly statement of accounts for the the same from the Cha(ered Accountants, so allotted. iv) period 01.10.2024 to 31.03.2025 on record as per Annexure-B in respect of 18 companies (in liquidation) as there are no transactions of "receipts and Payments" in such companies and dispense with appointment of auditor and audit of such balf yearty accounts for the above period. (stated above in para4) v) take the hall yearly statement of accounts for the period &om 01.10 .2024 ro 31.03.2025 on rec-ords in respect ol 14 companies (In Liqn.) as per ArnexureC as there is no receipt and investment iu such companies but only expeoses 2 of court fee stamps and notary charges and hcn )e dispcnse with appointment of auditor and audit of such half yearly accounts for the above period. (stated above in par -5) !1) permit the Official Liquidator to pay thc iudit fee of Rs.500/- plus GST per Company (in liquidatior ) lo the said Chartered Accountants in accordance with the cr iler of this Hon'ble Court d^ed 08.04.2022 made in C.A.],L .8/2OZ:'. in RCC. No.2i 1995. \,1i) permit the Ofhcial Liquidator to make pay nenl o[ lee to the said Auditors out of the funds of the respecrive Companies in liquidation and in case of Compa ries u,here sufficient funds are not available it may be pernri red to pay the fee from the funds of the Estate and Establi:h ]rent Fuod Account of the Offrcial Liquidator, subject to rein burscmcnt of the same from the funds of such Con4,a ries upon realization of assets of those Companies, if any. viii) order that the cost of this applicatior court tee starnps and notary charges) do come out of the ir rds ol'rhe Company in liquidation.
2. l-earned Counsel for the Official Liquidator su )mirs that the order dated 08.04.2022 in C.A.No.8 of 2OZZ in RCC No.2 ,rf 1995 annexed at page Nos.46 to 51 of the application squar, )ly covers the subject matter and the similar order may be passed ir rhis case. 3. In view of the above facts and circumstancl and similar order being passed by this Court, I find that audil ,vork for the period 01.10.2024 to 31.03.2025 is required to bt: done by the auditors which is similar with respect to each compal./, whether or not there are transactions, and in case there are no lr rnsactions in 3 the accounts of particular company, the auditors' work may be less compared to others. However, for the purpose of the work to be carried out, the total number of companies i.e., l0l companies are to be distributed between the three auditors in the ratio of 34:34:33 respectively.
4. The Official Liquidator, therefore, IS permitted to seek assistance ofthe three auditors'firms as listed in paragraph 3 ofthe affidavit by allotting to them in the ratio of 34:34:33 respectively and pay to each auditor a fee quantified @ Rs.500 (Rupees five hundred only) plus GST per company and submit the audited accounts to the court for approval
5. The Company Application is, accordingly, ordered. Miscellaneous petitions pending, if any, shall stand closed. SD/. A.V.S.S.C.S.M.SARMA JOINT REGISTRAR //TRUE COPY// SECTION OFFICER
1. The fficial Liqui{qtor, M/s. A.P. Steets Ltd. & Various Companies, 1st Floor. Corporate Bhawan, Bandlaguda, Nagole, Hyderabadjsoo 068. 2. The Registrar of Companies, Ministry of Corporate Affairs, Government of lndia 2- floor Corporate Bhawan, Nagole, Bandlaguda, Thattiannaram Village Hayathnagar Mandal, Ringa Reddy District, Telangana State Pin Code 500 680.
3. The Regional Director, South Eastern Region, Ministry of Corporate Affairs, 3d floor Corporate Bhawan', Nagole, Bandlaguda, Thattiannaram Village Hayathnagar Mandal, Ranga Reddy District Telangana State, Pin Code 500 680. 4. The S.O. O.S. Section, High Cou( for the State of 5. One CC to Sri J. Srinadh Reddy, Counsel for Official Liquidator, High Telangana,Hyderebad. .' Court for at Hyderabad IOPUC] To, I
6. Two CD Copies DL/psl -i I,fl !j HIGH COURT DATED:06/08/2025 t I ORDER COMPANY APPLICATION No. 83 of 202 5 IN R.C.C. NO: 2 of 1995 i i[5 I I ORDERING THE COMPANY APPLICATION r6 l"q