Bijay Paper Traders & Investment Ltd. v. Official Liquidator
2002-07-17
S.K.KESHOTE
body2002
DigiLaw.ai
Judgment S.K. Keshote, J.-Heard learned Counsel for the parties. 2. In this application filed under Section 460(6) of the Companies Act, 1956 read with Rule 9 of the Companies (Court) Rules, 1959 by the applicant prayer is made that the auctionlbid/sale of the property of the Company (in liquidation) may not be confirmed till the disposal thereof It is further prayed that the Official Liquidator may kindly be directed to furnish the information to the applicant company, as desired by it, under the letter dated 17th June, 2002, Annexure-2. 3. On 5th of July, 2002, the matter was placed on the board for preliminary hearing. The notice of the application was given to the Official Liquidator. Shri Amod Kashliwal, accepted the same. On that day, the Court has observed that the applicant if so desire may have inspection of the assets which are put to auction under the tender notice dated 1st June, 2002. 4. Learned Counsel for the applicant does not dispute that on deposit of fees, the inspection of the assets which are put to sale under the tender notice dated 1st June, 2002 has been made. 5. The sale is to be made on as is, where is and whatever there is basis. The terms and conditions of the sale of the assets have been specified in the tender notice. The application is filed seeking directions to the Official Liquidator to supply information to the applicant. These are not required to be furnished to the applicant by the Official Liquidator and reference may have to the notice inviting tenders. It is for the applicant to inspect the unit and gives its offer/tender. It is not in dispute that again inspection thereof has been permitted and made by the applicant. 6. During the course of arguments, learned Counsel for the applicant has given out that the applicant is not giving any offer for the purchase of the assets of the company (in liquidation). Thus otherwise also this application is not maintainable. 7. Inthe result, this company application fails and the same is dismissed.