Authority: High Court of Judicature at Madras

Order Date: 10-07-2026

Case Overview

  • Applicant: Official Liquidator, High Court, Madras, acting as liquidator of M/s.Chitra Constructions Private Limited (in Provisional Liquidation).
  • Respondent: Nil.
  • Petition references: Company Application No.164 of 2026 filed in Company Petition No.225 of 2011.
  • Background: The company petition was originally filed in 2011; the Court appointed the Official Liquidator on 12.01.2018. No notice calling for creditor claims had been issued to date.
  • The application was filed under Section 460 of the Companies Act, 1956 read with Rules 9, 11(b), 148(1) & (2) of the Companies (Court) Rules, 1956, seeking:

(a) Acceptance of the liquidator’s report on record.

(b) Permission to call for creditor claims within a 30‑day period from the date of newspaper publication.

(c) Authorization to publish the claim notice in one issue of the English daily “The New Indian Express” (Tamil Nadu Edition) and one issue of the Tamil daily “Dina Mani” (Tamil Nadu Edition).

(d) Dispensation from the requirement of Rule 148(2) to issue individual notices to each creditor.

(e) Direction that the cost of the application be borne by the Common Pool Fund (CPF), with recovery permissible from proceeds of asset sales.

(f) Any other orders the Court deems fit.

Final Outcome

  • The Court, after reviewing the liquidator’s report, allowed the application in full.
  • The liquidator is permitted to publish the claim notice in the specified newspapers on or before 13.07.2026.
  • Creditors have until 20.07.2026 to submit their claims.
  • The liquidator must submit a report on the claims received to the Court on 24.07.2026, and the matter will be listed for further hearing on the same date.
  • The cost of the application shall be charged to the Common Pool Fund and may be recouped from the realization of sale assets.

Topics: Insolvency, Creditor Claims