Court appoints Provisional Liquidator for Company unable to pay dues, final hearing scheduled. The petition was admitted due to the respondent Company's inability to pay dues to the petitioner. The Court appointed the Official Liquidator as the ...
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Court appoints Provisional Liquidator for Company unable to pay dues, final hearing scheduled.
The petition was admitted due to the respondent Company's inability to pay dues to the petitioner. The Court appointed the Official Liquidator as the Provisional Liquidator to manage the respondent Company's affairs. The Court acknowledged the respondent Company's name change during the proceedings and scheduled a final hearing for 24.01.2017.
Issues: 1. Admittance of petition due to respondent's inability to pay admitted dues. 2. Appointment of Provisional Liquidator for respondent Company. 3. Change of respondent Company's name during the petition.
Analysis:
1. The petition was heard on 28.11.2016, where the respondent Company, unable to pay dues of Rs. 21,64,17,004.68 to the petitioner, led to the admission of the petition. The Court deferred publication to allow the respondent to settle the dues, warning of publication if no action was taken.
2. Upon subsequent hearing, the respondent Company confirmed its inability to pay the dues, leading to the appointment of the Official Liquidator as the Provisional Liquidator. The Provisional Liquidator was tasked with taking over assets, preparing an inventory, and managing the respondent Company's affairs.
3. The Court dispensed with the need for publication in the Government Gazette and acknowledged the respondent Company's name change from "Ardor International Private Limited" to "Ardor International Limited" during the petition. The case was scheduled for final hearing on 24.01.2017, marking the key points of the judgment.
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