✦ High Court of India · 10 Jan 2025

The High Court · 2025

Case Details High Court of India · 10 Jan 2025
Court
High Court of India
Decided
10 Jan 2025
Bench
Not available
Length
1,372 words

Acts & Sections

the affidavit daled 27 12.2024 filed bY Sri Uttam Kumar Sahoo' attached to the Hig h Court for the State of Telangana' Application and upo n hearing the arguments of Sri J' the Official Liquidato r for the APPlicant reading the Judge's summons and Official Liquidator in suPPort of the ComPanY Srinadh ReddY' Counsel for The Court made the following: ORDER ,t/ l/ 1 THE IIOIV,BLE JI'STICE MOUSHUMI BHATTACIIARYA CATIO IN N NO.15 8of 2 o24 .2 oFr 995 Reddy, leamed counsel for Official Liquidator Mr.J.Srinadh ORDER: This application is liled under Sections 457 and 462 of the Companies Act, 1956 (for short.the ActJ read with Rules 298, 300, 3O2, 3O4, 306 and 309 and further read with Rule 9 of the Companies (Court) Rules, 1959.

2. The reliefs sought for in the present application are as lollows: "i) take the alfidavit herein on record. and facts st.rted ii). Approve permit to do the allocation of I lO Companies in liquidation to rhe 3 Chartercd Accountants viz., ll. M/s. Murthy & Kanth 2). M/s. Padmanabha Rao & Co. 3) M/s. K.B.S. Associates proportionately (37 companies each to two auditors at Sl.No.l & Sl.No.2 and 36 companies to one auditor at Sl.No.3) on equal basis or as this Court may deem fit and proper for the audit of Half yearly Accounrs for the period from O1.O4.2O24 to 3O.O9.2O24. iii). Permit the Official Liquidaror ro file the Audit Report on tJle Half yearly accounts lor the period from 0i.04.2024 to 3O.O9.2O24 in respect of I lO Companies in liquidation before 2 COMPA No 158/2024 this Court within 60 days from the date of ;""J of the same from the Chartered Accountants so allotted' iv). Permit the Official Liquidator to Ele an Affrdavit of no Receipts or PaJrments 1fl ."-r"" of 24 Companies in liquidatiofl Pursuart ," *n 3O0 of Companies (Court) Rules' 1959 separatelY. v). permit the Olhcial Liquidator to pay the fees to the said Chartered Accountants in accordance with the order of this Court dated OA.O4.2O22 made in C'A' No'8/2022 in RCC No.2/ 1995 i-e., @ Rs 5O0/- + GST per company in liquidation. vi) Permit the paj'rnent of fee to Auditors out of the funds of the respective Companies in liquidation and in case of Companies where sufhcient funds are not available the same may be permitted to be paid 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 those companies assets if any. vii). Order that the cost of this application and miscellaneous costs do come out of the funds of the respective Compalies in liquidation. 2 olthe order passed by this Court Learned Counsel for the Official Liquidator has annexed copy appointing auditors to audit the I i I I I I J j i 3 coMpA No $8;o!: 'o half yearly accounts o the modarifies fo. f.."' audit by categorizing , transactions in each order dated or.oo.rorr'l-'l ..": annexed at page Nos.3g ,n o, ^_"- .l the subject matter and case. vadous companies in liquidation including ot paid with respect to companies under re comPanies with respect to the number of also further submits that the rn C.A. No.8 of 2022 in vt <vZZ tn Rcc No.2 of 199s I to 43 of the application squarery covers he similar order may be passed in this "

3. In view of the above facts and circumstances and similar order being passed by this Court and also on consideration of the report of the Offrcia] Liquidator, I find that audit work for the period 01.04.2024 to SO.OI.2O24 required to be done by the auditors is similar with respect to each company, whether or not there are transactions, and in case there are no transactions in the accounts of a particular company, the auditors, work may be less compared to others. However, for the purpose of the work to be carried out, in my view, the total number of companies i.e., 176 companies are to be distributed proportionately between the three auditors

4. The Olllcial Liquidator, therefore, is permitted to seek assistance of the three auditors, firms as listed in paragraph 3 of the af{idavit by allotting to them approximately 37 companies as shown in the annexures appended to the affidavit and pay to each ,) t,: 1 I I \ COMPA No.1S8/2024 auditor a fee quantified @ Rs.SOO (Rupees frve 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/. M. VTJAYA BHASKER REGISTRAR JOI \ To, I'TRUE COPY" S TION OFFICER ""iJ"?'i""e';awan' , ? [" "-t 't"".'aguoa, Nagole Hvderabad -500068' 1st floor, corporate ,li'i"** lndia 2nd tloor Villase Havathn'n"Ju"'fiinou;-'R;;g'

1. The Official Liquidator' M/s A P Steels' Ltd &-Various Companies'' Office at 2.rheRegistr""rc#;;;;;:i;i;t;i'votco'pli'il-ntt"irs'Governmentor Nagore"sandlaquda' Thattiannaram "aeoav oistrict' Telangana State y[tjo rT "*""THr" Affairs, 3'o noo' coip"o"tJ"dn'*'n N1oolg,-Bandlaguda' Thattiannaram Villase n,v''nnJg5'"' i'i;";;['R;;s;-d"oov bistricitelansana state' Pin . ff: ?:3' s".ti o n, H i g h c o u rt { H vd "-1",b1191tfi i^i15"?: I"'l?Jfl T., 5. one CC to Srr .J s"''"'iX n"JJv Co'nt"r for official Liquidator' High Court 6. Two CD CoPies 3,.u",o' s o::h ! f "e,T^ ^1'nl'] "t30 for at HYderabad [OPUCI ":"t"t l ^, u DLlgh e i I \ \ t \ I ! I I I I HIGH GOURT DATED:10 tO112025 ORDER l.i I S ION No. 1 58of 2024 AT o OE F: COMP ANY APPLTC REF ERREDCOMPANY CASE No.2 of 1995 t l)I r-rA"f e L]JLJ I ORDERING THE COMPA NY APPLICAflON v

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