DINESH MAHESHWARI, J. - (1.) THOUGH the Official Liquidator has attempted to suggest want of a specific order of appointment qua the company in liquidation but could not deny that by virtue of Section 449 of the Companies Act, 1956 ['the Act'], upon a winding up order having been made in respect of a company, the Official Liquidator attached to this Court, becomes the liquidator of the company in question.
(2.) HOWEVER , to put the record straight, it is made clear that the Official Liquidator attached to this Court is the Official Liquidator in respect of the company in liquidation per the force of winding up order dated 16.12.1998 passed in Company Petition No. 10/1998. The Company, Gurushikhar Savings and Investment Ltd., having been ordered to be wound up by the aforesaid order dated 16.12.1998, the Official Liquidator has filed this application with the submissions that after establishment of his new office, there is no panel of Chartered Accountants available with him at Jodhpur to pursue various tasks, like those of scrutiny of statement of affairs, adjudication of claims, finding out instances of misfeasance etc. It is further submitted that the report/s under Sections 542 and 543 are required to be made and the same is/are required to be submitted before the Court on or before 15.12.2013 wherefor, the services of a Chartered Accountant are required, particularly to scrutinize the accounts and to find out the instances of misfeasance in company in liquidation. The Official Liquidator has, therefore, made a prayer for approving appointment of a Chartered Accountant to investigate and report on the acts of the officers of the company in liquidation for the purpose of Section 543 (1) of the Act and for making payment to the Chartered Accountant from various companies fund.
(3.) MR . Satya Dev Sharma, one of the Directors of the Company in liquidation, has filed a reply to the application with the submissions that the business of the company was not carried out after the month of June 1997 and, for the period upto 1996, the accounts were duly audited. It is also submitted that one of its Directors at Jaipur lost the record of the company and report in that regard was made before the police authorities of Sindhi Camp Police Station, Jaipur. It is also submitted that the answering respondent has filed the company petition for protection of the properties of the company and has been actively co operating in the matter. It is submitted that by the earlier order, the Official Liquidator was directed to take over the charge of the properties of the company in liquidation; and was also permitted to investigate into the affairs of the company; and an amount of Rs. 15,000/ was also deposited in that regard. The non applicant submits that he is ready to co operate to the full extent but the services of Chartered Accountant will cause additional financial burden on the company in liquidation and hence, it is prayed that the application moved by the Official Liquidator may be declined.;