J.S. Narang, J. - (1.) M /s Punjab Wireless System Limited was ordered to be wound up pursuant to a company petition filed before the Hon'ble Company Judge. The said petition was registered as C.P. No. 226 of 1999 and was decided on February 1, 2001. A company application No. 705 of 1999, had been filed in the aforesaid company petition for appointing the Official Liquidator attached to this Court as the provisional Liquidator of M/s Punjab Wireless System Limited (hereinafter referred to as "the company in liquidation"). The Provisional Liquidator was appointed vide order dated 27.7.2000, and he had been directed to take charge of the assets and affairs of the company forthwith,
(2.) THE company in liquidation had placed an order for importing 10564 Pagers from Hong Kong and South Korea. The aforesaid goods were received by the Custom's Authority at New Delhi on July 10, 1998, the goods were not released on account of non payment of "customs duty". The goods have been lying with the Central Warehousing Corporation (hereinafter referred to as "the CWC") at Mohali since July 1998. A communication dated 22.12.2000 was received by the Liquidator of the company in liquidation indicating that goods worth Rs. 4,46,70,935/ - have been lying in the warehouse since July 1998. A sum of Rs. 3,60,784/ - was shown as outstanding on account of damage/rentals against the company in liquidation and it had been requested that the payment thereof be made accordingly. The Liquidator addressed a communication dated January 22, 2001 to the Customs Superintendent, Central Excise Range -III, Mohali -respondent No. 2, requesting that the assets of the company, as per the provisions of law -since the company had been ordered to be wound up, had vested in the winding up Court and that he having been appointed as the Liquidator, is obligated to take charge of the assets of the company. Copies of the bill of entry of warehouse in respect of some of the goods were retrieved from the record and the same have been appended as Annexures P3 to P13 accordingly.
(3.) THE Liquidator filed C.P. No. 86 of 2001, indicating the aforesaid status in regard to the assets of the company, with a prayer that the C.W.C. and Customs Superintendent Central Excise, Range -III, Mohali, be directed to hand over the possession of the property accordingly.;