VIBHU BAKHRU
MK Mahajan – Appellant
Versus
Indo Rollhard Indust. Ltd. – Respondent
Vibhu Bakhru, J.
1. The present application has been filed by the petitioners under Rule 9 read with Rule 29 of the Companies (Court) Rules, 1959, inter alia, seeking the following prayers:-
“(i) re-call the order dated 27.02.2013 passed by this Hon’ble Court in Co Appls. No.84 of 2013 & 90 of 2013;
(ii) direct the Provisional Liquidator attached to this Court to take over the possession of all the assets of the Respondent Company, including the registered office of the Company, that is, 1-E/2, Jhandewalan Extension, New Delhi-110055;
(iii) direct the Respondent Company to advertise / publish the citation for the admission of the present winding up petition;
(iv) any other or further order(s) that this Hon’ble Court may deem fit in the facts & circumstances of the present case.”
2. The controversy that arises in the present matter is whether an order under Rule 96 of the Companies (Court) Rules, 1959 (hereinafter referred to as the ‘Rules’) for advertisement of admission of winding up petition should be directed and whether an order under Rule 106 of the Rules for appointing the Official Liquidator as the Provisional Liquidator should be passed.
3. The present Company Petition h
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