THE HON’BLE Ms. JUSTICE G. ROHINI COMPANY APPLICATION No. 1538 OF 2010 IN COMPANY PETITION No. 147 OF 2001 Date: 29.12.2010 Between: M/s. ETOS Consulting Ltd., Rep., by the Official Liquidator … Applicant THE HON’BLE Ms. JUSTICE G. ROHINI COMPANY APPLICATION No. 1538 OF 2010 IN COMPANY PETITION No. 147 OF 2001 O R D E R : This is an application filed by the Official Liquidator attached to this Court representing M/s. ETOS Consulting Ltd., a company in liquidation, seeking permission to dispense with issue of advertisement for inviting the claims from the creditors. I have heard Sri M.Anil Kumar, learned counsel representing the Official Liquidator and perused the material available on record. In the affidavit filed in support of the application, it is stated that M/s. ETOS Consulting Ltd., was directed to be wound up by this Court by order dated 15.03.2022 in C.P.No.147 of 2001. Thereafter, the Official Liquidator had taken possession of the assets and records of the company in liquidation and by sale of the movable properties a sum of Rs.3,68,819.04 ps. could be reaslised and the same was lying to the credit of the company in liquidation. It is stated that the Statement of Affairs of the company in liquidation filed by the Ex- Directors revealed only one secured creditor. Apart from the claim of Rs.5,81,214/- received from the petitioner in winding up petition, as per list C of Statement of Affairs a total sum of Rs.1,59,848.50 ps. was due to the preferential creditors. Since the amount realised on sale of the movable assets of the company in liquidation was only Rs.3,39,101/- which was not even sufficient to pay to the secured creditor and the preferential creditors shown in the Statement of Affairs of the company, the present application has been filed by the Official Liquidator seeking permission to dispense with the issue of advertisement for inviting the claims from the creditors and instead to send notices to the creditors in Form No.64 to prove their claims against the assets of the company. Having heard Sri M.Anil Kumar, the learned counsel for the Official Liquidator and having regard to the facts and circumstances explained by the Official Liquidator, which made it clear that there are no sufficient funds to the credit of the company in liquidation, I deem it appropriate to dispense with the issue of advertisement for inviting the claims from the creditors. Accordingly, the Official Liquidator is hereby permitted to dispense with the issue of advertisement for inviting the claims from the creditors. The Official Liquidator is also permitted to send individual notices to the creditors as per the statement of Affairs of the company to prove their claims against the assets of the company in Form No.64 of the Companies (Court) Rules, 1959. Application is accordingly allowed as prayed for. ____________ G. ROHINI, J. Date: 29.12.2010 KLP