- (1.) Mr. Samit Bishnoi for applicant. Instant application has been filed by the official liquidator attached to this court of M/s. Spintex Tubes and Cones Ltd. (in liquidation), under section 481 of the Companies Act, 1956, for dissolution of the company.
(2.) M/s. Spintex Tubes and Cones Ltd., was ordered to be wound up by this court vide order dated March 27, 1992, in S. B. Company Petition No. 3 of 1992 and the official liquidator attached to this court was appointed as liquidator of the company with effect from the date of winding up of the company. The ex-directors of the company in liquidation filed statement of affairs on June 15, 1992, pursuant to section 454 of the Companies Act, 1956. It is pertinent to mention here that realisable assets worth Rs. 9,583 was shown in the statement of affairs. However, a sum of Rs. 179 was realised against the amount as mentioned above. The notice was issued to the ex-directors vide letter dated April 30, 1992, in respect of the assets of the company in liquidation and for handing over possession of assets and records to the official liquidator in response thereof, a letter dated October 13, 1993, was received from one of the directors that possession of all assets has been taken over by RIICO and entire record is also with them.
(3.) On consultation with the office of RIICO, it was informed to the official liquidator vide letter dated November 17, 1993, that they have only taken over possession of the assets and they are not aware whether record of the company is lying inside the premises. Thereafter, the official liquidator appointed an officer for inspection of premises of the company in liquidation for ascertaining the records. The officers visited the site and records lying in the premises were shifted from Bhiwadi to the office of the official liquidator and for the purpose, total expenses of Rs. 3,137 were incurred and payment was made after seeking prior permission of this court. It has come on record that the assets of the company which were mortgaged with RIICO have been sold by RIICO under section 29 of the State Financial Corporations Act, 1951 and was approved by this court vide order dated February 10, 1993.;