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2023 Supreme(Del) 5554

DHARMESH SHARMA
Paramvir Singh – Appellant
Versus
Presidium Breweries Pvt. Ltd. – Respondent


Advocates appeared:
Appearance not given, for the Petitioner.
Ms. Isha Khanna, Standing Counsel, for the OL.

JUDGMENT

CO. APPL. 836/2023 (UNDER SECTION 481 OF THE COMPANIES ACT, 1956)

1. This is an application filed by the Official Liquidator under Section 481 of the Companies Act, 1956 [The Act] read with Rule 9 of the Companies (Court) Rules, 1959 [Rules], praying that the respondent company (in liquidation) be dissolved and the Official Liquidator be discharged as its Liquidator.

2. Vide order dated 15.05.2013 the company was ordered to be wound up provisionally and Official Liquidator attached to this court was appointed as the Provisional Liquidator of the company.

3. It was also brought to the notice of the Court that the Ex-Director of the company (in liquidation) Mr. Ravi Kumar had earlier moved CM No. 16065/2013 in Co. Appeal No. 73/2013, seeking a stay of the winding up order dated 15.05.2013 passed by the Hon'ble Company Judge, which was granted by a Division Bench of this Court, vide order dated 09.10.2013. By a subsequent order of the Division Bench dated 22.04.2014 the company (in liquidation) was directed to deposit a sum of Rs.9,00,000/- within a period of 30 days. However, as the respondent company failed to comply with this order, the company petition for winding up was admi

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