SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Raj) 1068

ASHOK KUMAR GAUR
Asstt. Commercial Taxes Officer – Appellant
Versus
punusumi India Limited – Respondent


Advocates appeared:
Mr. M.S.Singhvi, Advocate General Assisted By, Mr. Darsh Pareek &, Mr. Sheetanshu Sharma, Advocate, Mr. Ayush Singh, Advocate On Behalf of, Mr. Punit Singhvi, Advocate, for the Appellant
Mr. Rahul Lodha, Advocate and Mr. Vijay Choudhary, Advocate, Mr. Ruvit Kumar, Official Liquidator, for the Respondent.

ORDER

1. This order will decide two company applications filed by the Assistant Commercial Taxes Officer as Company Application No.24/2018 in Company Petition No.6/2004, Company Application No.6/2020 in Company Petition No.28/2003 & Company Application No.4/2021 in Company Petition No.28/2003.

2. This Court finds that issue involved in the present two applications is identical, as such by this common order, both the applications are decided.

3. This Court also finds that the prayer made in both the applications by the applicant-Commercial Taxes Department (in short 'the applicant-department') is to seek priority and preference over other creditors and to release the amount said to be due in favour of the applicant-department.

4. This Court takes the Company Application No.24/2018 as a lead case for the purpose of narrating the facts.

5. The applicant-department has pleaded that the Company M/s.Punsumi India Ltd. is under liquidation and the Officer Liquidator (in short 'the OL') had invited claims with regard to outstanding dues against the said Company. The applicantdepartment had sent its claim vide communication dated 11.08.2004 and the OL communicated that claim was not in the presc

              Click Here to Read the rest of this document
              1
              2
              3
              4
              5
              6
              7
              8
              9
              10
              11
              SupremeToday Portrait Ad
              supreme today icon
              logo-black

              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

              Please visit our Training & Support
              Center or Contact Us for assistance

              qr

              Scan Me!

              India’s Legal research and Law Firm App, Download now!

              For Daily Legal Updates, Join us on :

              whatsapp-icon telegram-icon
              whatsapp-icon Back to top