The Official Liquidator vs. A

COMPA/13/2024HC Andhra PradeshGSTCNR APHC01023915202417 June 2024Bench: B S BHANUMATHI3 pages
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Held

The Court allowed the company application as prayed for, with the exception of miscellaneous expenses. The Court noted that the half-yearly accounts for the period 01-04-2022 to 30-09-2022 had been duly audited by M/s. Murthy & Kanth, Chartered Accountants, and their report dated 27-12-2023, submitted on 03-01-2024, contained no adverse comments on the statement of accounts. Consequently, the Court permitted the recording of these accounts and the payment of audit fees of Rs. 500 plus GST. However, the Court disallowed the miscellaneous expenses due to the absence of detailed particulars and supporting evidence. No costs were awarded.

Facts

The Official Liquidator filed a company application seeking to record the half-yearly accounts for the period 01-04-2022 to 30-09-2022, along with the auditor's report dated 27-12-2023, and permission to pay audit fees of Rs. 500 plus GST. The application also sought permission to meet the costs of the application and miscellaneous expenses from the company's funds or the Estate and Establishment Fund Account. The auditor, M/s. Murthy & Kanth, Chartered Accountants, appointed by the Court, submitted their report on 03-01-2024, indicating no adverse comments on the company's statement of accounts. However, the Court noted that no details or evidence were provided for miscellaneous expenses.

Key Issues

1. Whether the Court should record the half-yearly accounts of the company (in liquidation) for the period 01-04-2022 to 30-09-2022, along with the auditor's report dated 27-12-2023, and permit the payment of audit fees of Rs. 500 plus GST, as prayed for by the Official Liquidator under Section 462 of the Companies Act, 1956, read with Rules 298 and 306 of the Companies (Court) Rules 1959. Petitioner's Argument: The Official Liquidator argued that the accounts were duly audited by the appointed auditor, who submitted a report with no adverse comments. Permission was sought to record these accounts and pay the audit fees, as well as miscellaneous expenses. Revenue/State's Argument: The judgment does not record any specific arguments from the revenue or state. The Court's decision on miscellaneous expenses was based on the lack of detail and evidence provided by the applicant.

Sections Cited

Section 462, Rule 298, Rule 306

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
APHC010239952024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] TUESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI COMPANY APPLICATION NO: 13/2024 Between: The Official Liquidator ...Applicant Counsel for the Applicant: Sri T V P SAI VIHARI(SC FOR OFFICIAL LIQUIDATOR) The Court made the following: 2 BSB, J Comp. A No.13 of 2024 THE HON’BLE Ms. JUSTICE B.S.BHANUMATHI Company Application No.13 of 2024 In Company Petition No.10 of 1999

ORDER:

This company application is filed under Section 462 of the Companies Act, 1956 read with Rule 298 and Rule 306 of the Companies (Court) Rules 1959 by the Official Liquidator, for the following reliefs: i) Take the half-yearly accounts of the subject company (in liquidation) for the period from 01-04-2022 to 30-09-2022 along with Auditor Report dated 27-12-2023 submitted on 03-01-2024 by M/s. Murthy & Kanth, Chartered Accountants on record and permission may be accorded to make the payment of audit fee of Rs.500 plus GST. ii) Cost of this application and any miscel

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