THE HON’BLE Ms. JUSTICE G. ROHINI COMPANY APPLICATION No.1504 OF 2010 In COMPANY APPLICATION No.2174 of 2007 IN COMPANY APPLICATION No.33 of 1993 Dated: 23.02.2011 Between : A.P.State Agro Industries Development Corporation Limited …… Applicant And M/s. Hyderabad Chemicals & Fertilisers Limited ……. Respondent The Court made the following:- THE HON’BLE Ms. JUSTICE G. ROHINI COMPANY APPLICATION No.1504 OF 2010 In COMPANY APPLICATION No.2174 of 2007 IN COMPANY APPLICATION No.33 of 1993 ORDER : The applicant herein claims to be a major creditor of the respondent company- M/s. Hyderabad Chemicals and Fertilizers Limited, which is in liquidation. It is not in dispute that the respondent company was wound up pursuant to the resolution dated 23.02.1987 passed by its creditors for voluntary winding up and appointing a voluntary liquidator. Since the said voluntary liquidator had expired, another liquidator was appointed by this Court by order dated 07.03.1994 in Company Application No.33 of 1993. Subsequently by order dated 11.02.2009 in Company Application No.2174 of 2007, the Official Liquidator attached to this Court was appointed as the Liquidator with a direction to take custody of the records and registers that were available at the office of the former Liquidator and to complete the rest of the formalities, including convening and conducting the last meeting of the shareholders of the company-in-liquidation, so that the company could be dissolved at the earliest. The applicant states that the company-in-liquidation is a subsidiary of the applicant company and both are State Government Undertakings. It is further stated that the Government of Andhra Pradesh intended to revive and rehabilitate the company-in-liquidation by infusing the necessary funds for setting up of Permanent Agriculture and Horticulture (Technology), Supplies, Processing, Marketing, Exhibition-cum-Facilitation Hub in the open land available with the subsidiary company at Moulali, Hyderabad since the same would facilitate and benefit the farmers in the State at large and provide an opportunity for further development of agriculture in the State. Accordingly the creditors of the company-in-liquidation at their meeting held on 21.12.2009 decided to revoke and rescind the earlier resolution dated 23.02.1987 for voluntary winding up of the company and a resolution to that effect was passed. Hence the present application under Rule 9 of the Companies (Court) Rules, 1959 to recall the order dated 11.02.2009 in Company Application No.2174 of 2007 whereunder the Official Liquidator attached to this Court was appointed as the Liquidator of the respondent company. The Official Liquidator filed a report vide O.L.R.No.38 of 2011 stating that in compliance with the directions of this Court in Company Application No.2174 of 2007 dated 11.02.2009 the officials of the Andhra Pradesh State Agro Industries Development Corporation Limited handed over only 12 files on 15.04.2009 and thereafter, the Official Liquidator held a meeting on 27.04.2009 with the officials of the Andhra Pradesh State Agro Industries Development Corporation Limited. However, no further steps have been taken either for sale of the assets of the company in liquidation or for any other purpose. The fact that a fresh resolution has now been passed by the creditors on 21.12.2009 to revoke the earlier resolution dated 23.02.1997 has not been disputed. I have heard Sri V.S.Raju, the learned counsel for the applicant company as well as Sri M.Anil Kumar, the learned counsel appearing for the Official Liquidator. Admittedly the respondent company was wound up voluntarily on the basis of a resolution passed by the creditors and subsequently a fresh resolution has been passed on 21.12.2009 deciding to revoke the earlier resolution dated 23.02.1987. It is also clear from the material available on record that the Official Liquidator attached to this Court came to be appointed as its liquidator on 11.02.2009 by this Court in view of the death of the voluntary liquidator. Now that by virtue of the fresh resolution of the creditors dated 21.12.2009, the voluntary winding up has been ceased to be in operation, the Official Liquidator appointed by this Court in Company Application No.2174 of 2007 cannot be continued any longer. Accordingly, the Official Liquidator is hereby discharged as the liquidator of the respondent company and the Company Application is disposed of with a direction to the Official Liquidator to handover all the books and other records of the respondent that are available with him to the applicant- Andhra Pradesh State Agro Industries Development Corporation Limited. __________ G. ROHINI, J Date: 23.02.2011 Ivd