M/S. Omc Computers Limited vs. No Responent

Facts

This matter concerns Company Application No. 14 of 2025, filed by the Official Liquidator of M/s. OMC Computers Limited (in liquidation). The application seeks to take on record the half-yearly accounts for the period 01.10.2022 to 31.03.2023, along with the Auditors' Report dated 01.11.2024 submitted by M/s. KBS and Associates. The Official Liquidator also requested permission to pay an audit fee of Rs. 500/- plus GST to the auditors. Additionally, the application sought permission to meet the costs of the application, including court fee stamps and notary charges, from the company's available funds or the Estate and Establishment Fund if company funds were insufficient. The application was filed under Section 462 of the Companies Act, 1956, read with Rules 298 and 306 of the Companies (Court) Rules, 1959.

Held

The Court accepted the prayer made by the Official Liquidator. The half-yearly accounts of M/s. OMC Computers Limited (in liquidation) for the period 01.10.2022 to 31.03.2023, along with the Auditors' Report submitted by M/s. KBS and Associates, were taken on file. The Court also implicitly granted permission for the payment of the audit fee of Rs. 500/- plus GST, as it was part of the prayer accepted. The judgment does not explicitly detail the reasoning for accepting the prayer beyond stating that the application was filed under the relevant sections of the Companies Act, 1956, and the Companies (Court) Rules, 1959, and that the prayer was accepted after perusing the auditors' report with the assistance of the counsel. The issue regarding the meeting of application costs from available funds or the Estate and Establishment Fund was also implicitly accepted as part of the overall prayer. No issues were expressly left undecided.

Key Issues

1. Whether the half-yearly accounts and the auditors' report of M/s. KBS and Associates for M/s. OMC Computers Limited (in liquidation) for the period 01.10.2022 to 31.03.2023 should be taken on record by the Court, as prayed by the Official Liquidator under Section 462 of the Companies Act, 1956, read with Rules 298 and 306 of the Companies (Court) Rules, 1959? 2. Whether permission should be granted to the Official Liquidator to make the payment of audit fee of Rs. 500/- plus GST to the auditors? 3. Whether the costs of the application, including court fee stamps and notary charges, can be met by the Official Liquidator from the available funds of the company (in liquidation) or the Estate and Establishment Fund account? Contentions: Petitioner (Official Liquidator): The Official Liquidator presented the half-yearly accounts and auditors' report and sought the Court's permission to take them on record and to make the payment of audit fees and application costs. The application was filed in accordance with the relevant provisions of the Companies Act and Rules. Revenue/State: No arguments were recorded for the Revenue or State in the judgment.