Chorma Ice And Cold Storage Pvt. Ltd. (IN Liquidation) having its registered v. Nirbhay Narayan Singh, its Direcotr
Case at a glance
Provisions considered
- Companies Act, 2013 ss. 466(1), 466(3)
Key paragraphs
- Para 33. In the above circumstances, no purpose would be served in continuing with the winding up proceeding; this Court thinks it apt and proper to close the liquidation proceeding against the Company. Accordingly, winding up order dated
- Para 55. I.A. No. 1 of 2020 also stands disposed of. (Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date Transmission Date
Judgment
====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR Mr. Vaibhav Veer Shanker, Adv. : : Date : 10-10-2025 ORAL JUDGMENT Item (I):- I.A No.- 01/2020 with S.A and O.L.R Nos.- 69/2022,33/2024, 50/2024, 61/2024, 80/2024 and 139/2025 This matter relates to revocation of winding up the order dated 09.08.2012 with a request to revive the Company under liquidation.
In pursuant to the direction of this Court dated
24.07.2025, the Official Liquidator has filed a fresh report bearing OLR No. 139 of 2025. The report apprised this Court that the Official Liquidator has conducted a meeting with the authorized representative of the ex management on 10.07.2025. The Minutes of the meeting has been placed on record as Anneuxre-A to the report. The ex management has deposited Rs.22,20,000/- as liquidation expenses vide demand draft No. 92967 dated 22.07.2025 to the Official Liquidator as per the Patna High Court COMP PET No.11 of 2011 dt.10-10-2025 settlement entered into between the parties vide Minutes dated
10.07.2025. Hence, the liabilities of the Company incurred by the Official Liquidator is satisfied up to July, 2025. The ex management have also annexed No Objection Certificate issued by the Secured Creditor, Bihar State Financial Corporation. It has been informed that there is no other creditor of the Company under liquidation. However, some petty nature of liability shown in the statement of affair will be considered after revival of the Company.
In the above circumstances, no purpose would be served in continuing with the winding up proceeding; this Court thinks it apt and proper to close the liquidation proceeding against the Company. Accordingly, winding up order dated
09.08.2012 is hereby stayed under Section 466(1) of the Companies Act, 1956. The Official Liquidator is directed to hand over the possession of assets of the Company to the Ex management. It is hereby further directed that the Ex management shall file a pending statutory documents and to forward the said order forthwith to the Registrar of the Companies, Bihar, who shall make necessary changes relating to the status of the Company from “Under Liquidation” to “Active” under Section 466(3) of the Companies Act, 1956. Patna High Court COMP PET No.11 of 2011 dt.10-10-2025
With the aforesaid directions, the concerned Company Petition No. 11 of 2011 is consigned to record.
I.A. No. 1 of 2020 also stands disposed of. (Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date Transmission Date
13.10.2025
Questions this judgment answers
Which statutory provisions did this judgment involve?
Companies Act, 2013 — ss. 466(1), 466(3).
Which court decided this case, and when?
Patna High Court, on 10 Oct 2025. The bench was HARISH KUMAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.