Decided on January 18,2008

In Re: Official Liquidator, High Court of Andhra Pradesh;,In Re: Southern Udhyans Ltd. (in Liquidation);,In Re: Southern Wonder World Resorts Ltd. (in Liquidation); In Re: Southern Continental Contractors Ltd. (Suo Motu Ordered for Provisional Liquidation) Appellant


V.V.S. Rao, J. - (1.)THE official liquidator attached to this Court filed the instant application purportedly under Sections 448, 449 and 450 of the Companies Act, 1956, inter alia, seeking to recall the order of this Court dated June 30, 2006, in Company Application No. 570 of 2006 and also the order dated September 28, 2006, in Company Petitions Nos. 140 and 144 of 2001, whereby and whereunder this Court ordered winding up of M/s. Southern Udhyans Ltd., (in liquidation) (hereafter called, "the SUL"), M/s. Southern Wonder World Resorts Ltd., (in liquidation) (hereafter called, "the SWL") and M/s. Southern Continental Contractors Ltd. (in liquidation) (hereafter called "the SCL"). The official liquidator also seeks modification of the said order to the effect that the advocate commissioners appointed by this Court as liquidators be directed to function under overall control and superintendence of the official liquidator. Various other directions are also sought.
(2.)THE application was initially listed before the company judge on September 28, 2007. Learned company judge passed orders on September 28, 2007, directing the official liquidator to file an affidavit stating the authority under which the present application is filed.
The official liquidator filed preliminary statement and compliance statement with reference to the order of this Court. This Court also directed the official liquidator to furnish specific information with regard to M/s. ITC Agrotech Ltd. (in liquidation) and M/s. Allwyn Watch Ltd. Having regard to the submission made by the official liquidator that he has no sufficient staff to take possession of the assets of M/s. Allwyn Watch Ltd., and that he took eight months time to take possession, this Court also directed the official liquidator to file affidavit as to how he did not take possession within the specified period.

(3.)THE matter was listed on October 4, 2007. The affidavit as directed was not filed by the official liquidator. This Court, therefore, passed orders on October 4, 2007, directing the official liquidator to be present in the court and explain the circumstances under which the order of this Court was not complied with. The matter was listed again on October 9, 2007. By that time the official liquidator filed an affidavit without complying with the directions of this Court. It was represented to the court that an affidavit of the official liquidator has to be filed in the court after obtaining approval of the controlling ministry.

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