Action against the ad interim order of appointment of provi liquidator in admitted co petition
amol
(Querist) 18 September 2013
This query is : Resolved
There is a Co winding up petition u/ 433 & 434 filed against the Respondent CO for whom i am an advocate. The Co Petition got admitted because of the non compliance of the initial conditional order asking to deposit claim of petitioner within 6 weeks from the dt of order however subsequently paper publication of admission made by petitioner as per the order of High Court. Thereafter due to non payment the Petitioner filed CO Application for appointment of Provi Liquidator in that application the High Court granted extension of time to Deposit the amount in High Court i.e. the calim of the petitioner and ultimately after admission of Co Petition the amount was deposited in the above CO Application thereby the claim of the petitioner is secured by the Respondent CO
Thereafter two other applicants have filed their Co Application raising frivolous claim also making a prayer therein to appoint official Liquidator.
One of the applicant already got the order from the consumer court for the identical grievance inspite he has used company petition as a tool to recover the amount.
The other second applicant already raised a demand to the consumer Court for recovery of money and compensation for non allotment of flat by Respondent CO the same is rejected and directed him to file Civil Suit.
In the above situation Court directed Respondent Co to file an Affidavit Disclosing Assets and Liabilities whereby the Respondent Co has disclosed on an Affidavit an unaudited statement of assets and liabilities for yr 31-3-2013. is it necessary to mention All the assets in detail or only Fixed assets Amount ....... is enough pls answer?
Inspite of above facts and main petitioner's claim is secured the Company Judge without disposing of his earlier Co. Application of the petitioner for appointing Liquidator passed an ad interim order of appointment of provisional liquidator in all comapny applications filed in Co petition.
Sirs Now Please guide i am in difficulty as the matter is kept immediately on next Tuesday
my Q are
1) Can the judge pass such an order ?
2)is it proper now to file a Co Application by Respondent Co before the same company judge high court for following prayers
a) to recall the order of Admission of CO petition on the ground that claim of petitioner is already secured
b) recall the order of ad interim order passed in all above co applications
c) to decide the Co application of the petitioner of appointment of pro liquidator as his claim is secured
d) to decide the other claims of the Co Applicants on its own merits and dismiss the same
sir i have a plan to do above whether it will work ? if not please guide as to what would be the next step which i must take to dismiss or recall the ad interim order ? Can a order of admission of Co petition be recalled by co Judge if petitioner's claim is already secured ? if yes under which section or Rule of Company Act or Rules?
please guide all experts of Co Law with section and Rule and Judgement
thanks
R.K Nanda
(Expert) 18 September 2013
take help of LA of co.
amol
(Querist) 18 September 2013
LA means ? please tell me the full form of LA ?
ajay sethi
(Expert) 18 September 2013
disclose all assets in detail .
company court can appoint provisional liquidator
you are at liberty to take out such applications as you deem fit. it is doubtful it will work . you have to arrive at an settlement with your creditors
