1. This application is filed by Official Liquidator under Section 537 read with Section 436 of the Companies Act, 1956 and Rule 9 of the Companies (Court) Rules, 1959 to declare the sale of assets of the company (in liquidation) by respondent Nos.1 and 2 as void and to direct the respondents to handover the assets of the company (in liquidation) to the official liquidator.

2. Notice of this application came to be ordered on the respondents. They were duly served and unrepresented and as such they were placed exparte by order dated 26.06.2008. This Court considered the claim of the Official Liquidator (hereinafter referred to as ‘OL’ for brevity) and by order dated 25.11.2008 allowed the application and directed the respondents to handover the assets of the company (in liquidation). Being aggrieved by this order respondents-1 and 2 filed appeal in OSA No.19/2009 and 10/2009. Said appeal came to be disposed of by order dated 07.07.2011 and both the appeals were allowed by accepting the plea put forward by the appellants therein namely, that they should be afforded an opportunity before the Company Court to put forth their defence. The matter came to be remanded to the Compa