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        Case ID :

        2019 (4) TMI 2028 - HC - Indian Laws

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        Directors ordered to disclose assets, insolvency proceedings adjourned, respondents to reveal assets. The court directed Directors of a company in liquidation to disclose assets by submitting affidavits. Insolvency proceedings against another company were ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Directors ordered to disclose assets, insolvency proceedings adjourned, respondents to reveal assets.

                              The court directed Directors of a company in liquidation to disclose assets by submitting affidavits. Insolvency proceedings against another company were adjourned due to pending liquidation orders. Private respondents agreed to disclose personal assets and were directed to submit affidavits. Company representatives assured the court of sufficient assets to repay depositors. A respondent's wife made a deposit with the court, pending further directions. The Director of Economic Offences was directed to submit affidavits detailing attached assets, excluding specific companies, for the next hearing. Compliance was required within four weeks.




                              Issues:
                              1. Disclosure of assets by Directors of a company in liquidation.
                              2. Time limit for resolution of insolvency proceedings.
                              3. Disclosure of personal assets by private respondents.
                              4. Sufficiency of company assets to repay depositors.
                              5. Deposit made by a respondent's wife with the court.
                              6. Submission of affidavits by respondents regarding assets.

                              Analysis:
                              1. The judgment addressed the issue of disclosure of assets by Directors of M/s. Greenage Food Products Ltd., a company in liquidation. The Official Liquidator highlighted that the Directors failed to disclose assets. The court directed the Directors to submit affidavits before the Liquidator regarding the company's assets. If the Directors are in custody, the correctional home Superintendent must facilitate the affirmation of the affidavits.

                              2. The judgment also dealt with the expiration of the time limit for resolution of insolvency proceedings against M/s. Pincon Spirits Ltd. The Resolution Professional informed the court that orders for liquidation are pending from the tribunal. The court acknowledged this and adjourned the matter for four weeks.

                              3. Private respondents expressed readiness to disclose their personal assets. Their advocate confirmed this willingness before the court. The court directed these respondents to submit affidavits disclosing their individual or company-held assets on the next hearing date.

                              4. Respondents representing the company assured the court that the company's assets are sufficient to repay depositors. This submission was made by the advocate of respondent nos. 23 and 24. The court took note of this assurance without further intervention.

                              5. A respondent's wife deposited a significant sum with the court as per a previous order. The court mentioned this deposit and stated that it was subject to further directions in the ongoing proceedings. No further action was taken on this matter during the current hearing.

                              6. Finally, the court directed the Director of Economic Offences to submit an affidavit detailing all attached assets, excluding those of M/s. Pincon Spirits Ltd. and M/s. Greenage Food Products Ltd., along with their valuations. The court set the next hearing date for the submission of these affidavits and adjourned the matter for four weeks to allow for compliance.
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                              Topics

                              ActsIncome Tax
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