2005 (8) TMI 390 - HC - Companies Law

Official Liquidator Granted Powers for Company Liquidation Process

The court granted the Official Liquidator's application under section 457(1) of the Companies Act, 1956, providing directions for settling the list of ... Winding up - Powers of liquidator Issues: Application under section 457(1) of the Companies Act, 1956 for directions regarding the settlement of creditors/contributories list, filing of proofs by creditors, and powers of the Official Liquidator.Analysis:- The judgment pertains to an application under section 457(1) of the Companies Act, 1956 by the Official Liquidator of M/s. Unikol Bottlers Limited (in liquidation) seeking directions for various matters. Despite the respondent being duly served notice, no representation was made on their behalf.- The court, after hearing the applicant's counsel, found merit in the application and granted the requested directions. The Official Liquidator was empowered to settle the list of creditors/contributories, fix dates for the settlement of the list and filing of proofs by creditors under section 530 of the Companies Act, 1956. Additionally, the Official Liquidator was granted specific powers including the authority to institute or defend legal proceedings on behalf of the company, sell company assets, raise money on asset security, and perform other necessary actions for winding up the company's affairs and asset distribution.- The judgment, delivered by Judge S.K. Keshote, concluded by disposing of the application in accordance with the directions granted. The Official Liquidator was thereby authorized to carry out the specified actions to facilitate the liquidation process effectively and in compliance with the relevant legal provisions.