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2005 Supreme(Raj) 3164

RAJASTHAN HIGH COURT AT JAIPUR BENCH
S.K.Keshote, J.
Official Liquidator of Unikol Bottlers Ltd. (In Liquidation) - Appellant
Versus
Arizona Printers and Packers Ltd. - Respondent
Co. Misc. Application No. 34 Of 2002 and S.B. Co. Petition No. 15/93.
Decided On : 12-08-2005

Advocates:
For the Appellant:Manoj Pareek, Advocate.

Headnote:Companies Act, 1956 – S. 457 – The present case pertains to the powers of the official liquidator – the official liquidator filed an application under – S. 457 for winding up of the company – held, no respondent was present despite the official liquidator’s notice thus the application of the liquidator deserves to be allowed and the liquidator was empowered to settle the list of creditors/contributories and fix dates for filing proof with respect to claims by the creditors.

JUDGMENT

1. - Heard the learned Counsel for the applicant-Official Liquidator and perused the application.

2. Application is under Section 457(1) of the Companies Act, 1956 by the Official Liquidator of M/s. Unikol Bottlers Limited (in liquidation) by Judge's summons and prayar has been made therein for issuance of the directions under the section aforesaid. Despite of the notice of the application duly served upon the respondent, none is present on its behalf.

3. Having heard the learned Counsel for the applicant, I am satisfied that the application deserves acceptance and accordingly, the same is allowed.

4. The Official Liquidator shall have the powers with the sanction of the Court to settle the list of creditors/contributories and fix the date/dates for the settlement of the list of contributories and for filing of proof by the creditors of the company in respect of their debts and claims for priority if any under Section 530 of the Companies Act, 1956 and exercise all or any of following powers:

(1) to institute or defend any suit, prosecution, or other legal proceeding, civil or criminal, in the name and on behalf of the company;

(2) to sell the immovable and movable property and actionable claims of the company by public auction or private contract, with power to transfer the whole thereof to any person or body corporate, or to sell the same in parcels;

(3) to raise on the security of the assets of the company any money requisite;

(4) to do all such other things as may be necessary for winding up the affairs of the company and distributing its assets.
The application accordingly, stands disposed of.

*******

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