Maintainability of application for extra sale information rejected where asset inspection was allowed and no purchase offer was intended.

An application seeking directions to the Official Liquidator to furnish additional information and defer confirmation of a sale was held not maintainable. The sale was proposed on an as is, where is and whatever there is basis, with the relevant terms already set out in the tender notice. Since the applicant had already been permitted to inspect the assets, the requested information did not need to be separately supplied by the Official Liquidator. The applicant's own statement that no offer would be made for purchase further undermined the application, which was therefore liable to be dismissed.

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Issues: Whether the application seeking directions to the Official Liquidator to furnish information and to defer confirmation of the sale was maintainable.

Analysis: The application was filed under Section 460(6) of the Companies Act, 1956 read with Rule 9 of the Companies (Court) Rules, 1959. The sale was to proceed on an as is, where is and whatever there is basis, and the relevant terms were contained in the tender notice. The applicant had already been permitted inspection of the assets, and the information sought was not required to be separately furnished by the Official Liquidator. The applicant further stated that no offer would be made for purchase of the assets, which rendered the application untenable.

Conclusion: The application was not maintainable and was liable to be dismissed.

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