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2022 (10) TMI 705
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....ourt be pleased to consider the claim of Gujarat Commercial Tax [GST] as preferential claim under Section 530 (1) (a) of the Companies Act, 1956 in light of claim verification report submitted by M/s. Naimish Shah & Co., Chartered Accountants. (B) If prayer (A) is in affirmative, this Hon'ble Court may be pleased to permit the Official Liquidator to disburse an amount of Rs.72,11,816/- to Gujarat Commercial Tax [GST] under Section 530 (1) (a) of the Companies Act, 1956 and be pleased to permit the Official Liquidator to disburse an amount of Rs.74,88,184/- IDBI Bank Ltd., under Section 530 (5) of the Companies Act, 1956 out of the available fund lying in the account of the company in liquidation through RTGS. (C) In view o....
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....ution Pvt. Ltd. On receipt of the entire sale consideration, the Official Liquidator has handed over the possession of the aforesaid assets to M/s. Biocare Solution Pvt. Ltd. 3.3 It is also submitted that this Court vide order dated 04.02.2019 passed in Official Liquidator's Report No. 08 of 2019 has been pleased to permit the Official Liquidator to invite claims from workmen and creditors of the company in liquidation under Section 529, 529A and 530 of the Companies Act, 1956 by publishing advertisement in Newspaper namely "Economic Times", English Script, and "Gujarat Samachar", Gujarati Script, both in Ahmedabad Edition and also be pleased to permit the Official Liquidator to appoint Chartered Accountants for verification and adjudica....
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....mpanies Act, 1956 to IDBI Bank Ltd., and also sought permission to appoint Chartered Accountants for verification and adjudication of claim of creditors of the company in liquidation. 3.7 It is further submitted that this Court vide order dated 07.01.2021 passed in OLR No. 48 of 2020 was pleased to permit the Official Liquidator to disburse an amount of Rs.64,63,964/- to IDBI Bank Ltd., and also permitted the Official Liquidator to appoint Chartered Accountants for verification and adjudication of claim under Section 530 of the Companies Act, 1956. 3.8 It is further submitted that in compliance of the aforesaid order, on receipt of the undertaking from IDBI Bank Ltd., the Official Liquidator has disbursed an amount of Rs.64,63,964/- t....
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.... revised report dated 19.10.2021 from M/s. Naimish Shah & Co., Chartered Accountants wherein the Chartered Accountants has revised the adjudicated claim of IDBI Bank Ltd., from Rs.2,73,27,374/- to Rs.2,54,29,072/-. 3.11 It is further submitted that in response of letter dated 04.10.2021 issued by the Official Liquidator, the IDBI Bank Ltd. vide its letter dated 21.10.2021 forwarded its reply wherein IDBI Bank Ltd. has raised objection qua admissibility of claim of Gujarat Commercial Tax. The Official Liquidator issued letter dated 26.10.2021 to M/s. Naimish Shah & Co., Chartered Accountants with a request to submit their supplementary report after examining the matters in light of points raised by IDBI Bank Ltd. vide its letter dated 21.....
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....tary report after examine the matters in light of points raised by IDBI Bank Ltd., vide its letter dated 23.11.2021. 3.15 It is further submitted that in response of letter dated 06.12.2021 issued by the Official Liquidator, M/s. Naimish Shah & Co., Chartered Accountants vide its letter dated 21.12.2021 forwarded supplementary report wherein said Chartered Accountants has clarified as under:-- "We have perused the contents of the letter received from IDBI Bank Ltd. but, we reiterate the concluding remarks as per our revised report dated 11.11.2021. However, your good office may seek appropriate directions from the Hon'ble High Court of Gujarat" 3.16 It is further submitted that the Official Liquidator most respectfully submit....