O R D E R

The present application has been filed by the Official Liquidator under rule 9, 147 and 148 of the Companies (Court) Rules, 1959 read with section 529, 529-A and 530 of the Companies Act, 1956 seeking permission to invite the claims from the workmen/Creditors of the company (in liquidation).

2. Brief facts of the case are that M/s Gilvert Ispat Private Limited was ordered to be wound up by this Court vide order dated 6.1.2017 passed in Company Petition No. 15 of 2014 on the petition filed by M/s Oswal Alloys Private Limited and the Official Liquidator attached to this Court was appointed as its Liquidator and directed to do the needful for winding up the Company, as provided under the Act.

3. The intimation of winding up orders dated

6.1.2017 passed in Company Petition No. 15 of 2014 were sent to the Official Liquidator through e-mail and M/s Oswal Alloys Private Limited also submitted certified copy of order dated 6.1.2017 passed in the company petition on 15.5.2017 to the office of the official liquidator.

4. In compliance to order dated 6.1.2017, the official liquidator inspected the record of the company (in liquidation) available with the office of Registrar of Companies-cum- official liquidator, Himachal Pradesh and found no such secured creditors of the company (in liquidation). The company had not filed its annual account, i.e. balance sheet and annual returns with the office of Registrar of Companies- cum-Official Liquidator since incorporation. As per record, the registered office of the company (in liquidation) is situated at village Buranwala, P.O. Barotiwala, Tehsil Kasauli, Baddi, District Solan.

5. Further in compliance to this court order dated

6.1.2017, the office of the official liquidator deputed a team of official to visit at the registered office of the company (in liquidation) to take over possession of the assets/properties of the company (in liquidation). The team took over only the symbolic possession of the registered office of the company (in liquidation) because the possession of the company was with the Punjab National Bank under SARFAESI Act, 2002 and the security guards had already been deployed by the Punjab National Bank.

6. The office of the official liquidator informed the Punjab National Bank, Chandigarh vide letter dated 18.5.2017 that M/s Gilvert Ispat Private Limited was ordered to be wound up by this Court vide order dated 6.1.2017 passed in Company Petition No. 15 of 2004 and was asked to call a meeting on 22.5.2017 with a further request to remain present in the meeting positively alongwith relevant documents regarding taking over the charge of the factory unit of the company (in liquidation).

7. In response to letter of the office of official liquidator dated 18.5.2017, the representative of the Punjab National Bank, Chandigarh, visited the office of the official liquidator on 3.6.2017 and Sh. Tarun Bhutani, Manager (Law) stated that on the request of Gilvert Ispat (Partnership Firm), bank had sanctioned various credit facilities since 1.7.2011 with current outstanding of Rs. 99.32 crores to the firm secured by the mortgage of IP including factory land and building at village Buranwala, Post Office Barotiwala, Tehsil Kasauli, Baddi, District Solan, H.P. and hypothecation of assets as per terms and conditions of the sanction. He further stated that the bank has already initiated the action under SARFAESI Act, 2002 and has taken the physical possession of the IP at village Buranwala, P.O. Barotiwala, Baddi, Tehsil Kasauli, District Solan, H.P. and proceeding for sale of such assets through public auction. He further stated that since bank has possession of the property belonging to Gilvert Ispat (Partnership firm) and not of Gilvert Ispat Private Limited hence such possession was not legally justified and bank proposed to bring fact into the notice of this Court. The record of the company (in liquidation), which was available in the office of Registrar of Companies, Himachal Prades