NCDRC

NCDRC

OP/391/2002

CONSUMER EDUCATION & RESEARCH SOCIETY & ORS. - Complainant(s)

Versus

SPECTRUM MAGAZINES LTD. - Opp.Party(s)

MR. VIKAS MEHTA

26 May 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 391 OF 2002
 
1. CONSUMER EDUCATION & RESEARCH SOCIETY & ORS.
SURAKSHA SANKOOL , THALTEJ
AHMEDABAD- GANDHI NAGAR HIGHWAY
AHMEDABAD
...........Complainant(s)
Versus 
1. SPECTRUM MAGAZINES LTD.
SECULAR HOUSE 9/1,INSTITUTIONAL AREA
ARUNA ASAF ALI MARG
NEW DELHI
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. K. BATTA, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Complainant :NEMO
For the Opp.Party :
Mr.Vijay Tiwari, Liquidation Assistant

Dated : 26 May 2011
ORDER

None present on behalf of the complainants. Notice was sent by registered AD on 13.4.2011 to the complainants as also to the counsel for the complaints. Acknowledgement due in respect of complainant no.1 has been received. No one is present on behalf of the complainant no.1. Sh.Vijay Tiwari, Liquidation Assistant is present from the office of Deputy Official Liquidator, Delhi High Court. He has filed a letter dated 26.5.2011 signed by Sanjay Yadav, Deputy Official Liquidator, Delhi High Court. The said letter reads as under: N THE MATTER OF M/s SPECTRUM MAGAZINE LTD (IN LIQN) C.P. NO.295/02 Sir, That M/s Spectrum Magazine Limited was ordered to be provisionally wound up by the Honle High Court of Delhi vide order dated 18.7.03 and finally finally wound up by the orders of the Honle Court dated 7.11.08 and the official Liquidator attached to Honle High Court has been appointed as its Liquidator with directions to take charge of its assets. As per provision of Under Section 446 of the COMPANIES Act 1956 hen a winding up order has been made or the Official Liquidator has been appointed as provisional liquidator, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, against the company, except by leave of the (Tribunal) and subject to such terms as the {Tribunal} may impose. Yours faithfully, Sd/- (SANJAY YADAV) DY. OFFICIAL LIQUIDATOR DELHI HIGH COURT The complainants have not produced before us leave of the Tribunal to proceed with the matter. In view of the above, the complaint cannot be proceeded with and is hereby dismissed with no orders as to cost.

 
......................J
R. K. BATTA
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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