Co.Appl.162/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Company Application No.162/2010 in Company Petition No.49/1998 OL of M/s Omex Investment ( (In Liqn.) Versus M/s Hill Top Holdings India Ltd. Date of Order ::: 09/12/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Amod Kasliwal, for applicant (OL) Instant application has been filed by Official Liquidator of M/s Omex Investment & Finance Ltd. (in liquidation) U/r 457 of the Companies (Court) Rules, 1959 seeking permission to serve summons upon non-applicant company. It has been deposed in the affidavit to the application that in Company Petition No.49/1998, the order for winding up of M/s Omex Investment & Finance Ltd was passed on 02/09/2005 and the applicant OL was appointed as official liquidator from the date of order for conducting the winding up proceedings. It has also been deposed that the Ex-Directors of Co. (in liquidation) have not yet filed statement of affairs as required U/s 454(1) of Co. Act, 1956 – for non compliance whereof, the applicant-OL has to file prosecution U/s 454(5) of Co. Act. It has further been deposed that during the course of winding up proceedings, the OL has to settle list of creditors/contributories and to institute or defend suit prosecution or other legal Co.Appl.162/10 //2// proceedings, to sell movable & immovable assets of the Company and to put the property to public auction; seeking permission from the company court. Taking note of the facts as deposed by applicant (OL) in instant application, this Court considers it appropriate to grant sanction in exercise of powers U/s 457 of Co. Act to take necessary action in regard to the company in liquidation permissible under law. With the directions (supra), instant application stands disposed of. A copy of this order be placed in Co. Pet.No.49/1998. (Ajay Rastogi), J. K.Khatri/p2/ 162CoAppl2010Dec9Dsp-R457.doc