2018 (2) TMI 1571
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....aintain status quo regarding the ownership and possession of the assets of the company in liquidation. The said interim order was subsequently extended on July 10, 2017 and directed to continue till the disposal of the application. After the Official Liquidator has filed his report and the applicant has filed its objection to the same, this application is taken up for hearing. Admittedly, as many as six winding-up applications, being CP No.166 of 2012, CP No.201 of 2012, CP No.87 of 2013, CP No.45 of 2013, CP No.606 of 2014 and CP No.71 of 2014 were filed against the company, presently in liquidation, at the instance of its various creditors which were also admitted. By an order dated May 7, 2013 a learned Single Judge of this Court adm....
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....company (in liquidation), respectively. On March 28, 2017 the Official Liquidator also took possession of a flat belonging to the company (in liquidation) at 171/C, Rash Behari Avenue, Kolkata - 700 019. On March 02, 2017 the applicant claiming to be a major shareholder of the company in liquidation filed this application and obtained the orders. In the facts of the case as discussed above, it is evident that the present application was filed after the Official Liquidator had taken possession of at least two of the major assets of the company (in liquidation) and by virtue of the said order dated March 22, 2017 as mentioned above, all further proceedings towards winding-up of the company (in liquidation) have been stayed. In his report, t....
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....it is not the case of the applicant that there is no outstanding dues of the company (in liquidation) either to the Income Tax Authority or the Service Tax Authority From a perusal of the application filed by the applicant company, it appears that the same has been filed with a bare assurance to revive the company (in liquidation), without disclosing the actual facts and figures with regard to the outstanding statutory and other dues of the company (in liquidation). The applicant has only alleged that the secured creditors of the company (in liquidation) being the banks and financial institutions have chosen to remain outside the windingup proceeding. There is no statement in the application about the source of fund of the applicant for pa....