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Workers & Creditors Claim Process Approved: Companies Act 1956 The Court granted permission to invite claims from workers and secured creditors under relevant sections of the Companies Act, 1956. It approved the ...
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Provisions expressly mentioned in the judgment/order text.
Workers & Creditors Claim Process Approved: Companies Act 1956
The Court granted permission to invite claims from workers and secured creditors under relevant sections of the Companies Act, 1956. It approved the appointment of a Chartered Accountant for claim verification and fund disbursement. Additionally, the Court allowed payment of advertising charges and professional fees from the company's account. All prayers in the report, including other orders, were accepted and disposed of accordingly.
Issues: 1. Permission to invite claims from workers and secured creditors under Sections 529, 529A, and 530 of the Companies Act, 1956. 2. Appointment of a Chartered Accountant for verification and adjudication of claims. 3. Payment of advertising charges and professional fees from the account of the company in liquidation. 4. Any other orders and directions deemed appropriate by the Honorable Court.
Analysis:
Issue 1: The report sought permission to invite claims from workers and secured creditors under Sections 529, 529A, and 530 of the Companies Act, 1956. The Court noted that the Official Liquidator had received the sale consideration and handed over the possession of the property to the purchaser. The Asset Sale Committee had met to disburse the amount in the account of the company in liquidation. The Court, after considering the submissions, granted the prayers made in the report for inviting claims from workers and creditors. The report was disposed of accordingly.
Issue 2: Regarding the appointment of a Chartered Accountant for verification and adjudication of claims, it was mentioned that an amount was available in the account of the company in liquidation for disbursement, but claims under the relevant sections of the Companies Act had not been invited yet. The report stated that after the receipt of claims, a Chartered Accountant would be appointed to verify the claims and disburse funds among the creditors as per their entitlement. The Court acknowledged this process and directed the appointment of a Chartered Accountant for this purpose.
Issue 3: The report also requested permission to make payments for advertising charges and professional fees of Chartered Accountants from the account of the company in liquidation. It was highlighted that the sale committee recommended inviting claims of workers and all creditors under the relevant sections of the Act. The Court, after hearing the submissions, granted the prayers made in the report, including the request for payment of advertising charges and professional fees from the company's account for liquidation expenses.
Issue 4: Lastly, the report sought any other orders and directions deemed just and appropriate by the Honorable Court. After considering the contents of the report and hearing the submissions of the Official Liquidator's advocate, the Court found that the prayers made in the report were acceptable and granted accordingly. The report was disposed of based on the Court's decision.
In conclusion, the judgment by the Honorable Court addressed various issues related to inviting claims from workers and creditors, appointing a Chartered Accountant for verification, approving payments for expenses, and considering any other necessary orders and directions in the context of the company in liquidation under the Companies Act, 1956.
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