K.R.Shriram, J
1. Heard learned Counsels. The effect of this application is that applicant states that there are various amounts recoverable by the company in
liquidation from third parties and that applicant should be permitted to recover those debts from third parties and bring the same to the account of the
liquidator so that the amounts are available for distribution to pay all the dues of the company in liquidation.
2. When the court expressed its view that prima facie Section 446 and 537 of The Companies Act, 1956 does not contemplate such a situation, Mr.
Naidu suggested that as the application contains various details to recover money from third parties by the company in liquidation, if the Official
Liquidator takes steps to recover these amounts based on the information provided in the application within six weeks from today then he will
withdraw this application.
3. Mr. Pimple states that within six weeks the liquidator will take steps to recover the amounts mentioned in the application and if Mr. Naidu's clients
make a request to the liquidator, a copy of the communication/ proceeding will also be provided to the applicant. Mr. Naidu states that if liquidator
requires further details the same shall also be provided if the liquidator makes a request in writing listing further details/documents required.
4. Ordered accordingly.
5. Mr. Naidu at this stage points out that in the statement of affairs filed by the Ex-Directors of the company in liquidation though names of the
debtors with amounts recoverable are mentioned other details like their address and claim details have not been provided.
6. Mr. Joshi states that Ex-Directors will strictly comply with the provisions of Section 454 and if liquidator points out that there is any defect in the
statement of affairs filed they will correct the defect within one week of receiving communication from office of the liquidator. Statement accepted.
7. Interim Application (L) No. 8160 of 2020 accordingly dismissed as withdrawn.
