Judicature For Rajasthan High Court · 2011

Order

21/07/2011 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr.Gaurav Sharma, for Official Liquidator. Instant Company Application has been filed by the Official Liquidator in the matter of M/s. Shree Durga Properties Private Limited (Company in Voluntary Liquidation) under Section 497(6) of the Companies Act, 1956. The company in voluntary liquidation was incorporated on 05/04/1985 and was having its registered office at D-12, Hanuman Nagar, Vaishali Nagar, Jaipur. The list of shareholders of the company in voluntary liquidation has been referred to in para No.3 of the instant company application and at the time of voluntary liquidation, it was having three directors, the reference of which as been made in Para 4 of the company application.

In compliance of Section 488 of the Companies Act, 1956, the directors of the company in voluntary liquidation filed with the Registrar of Companies the declaration of 2 Com.Appli-21/2011 solvency, embodying a statement of assets & liabilities in Form No.149. Copy of declaration has been placed on record in the form of Annexure-A. The company was put into voluntary winding by its members up under Section 484(1) (b) of the Companies Act by a special resolution passed in the extra ordinary general meeting dt. 31/05/2010, copy of which has been placed on record as Annexure-B. However, the members of the company in voluntary liquidation

appointed Shri Vimal Kumar Choudhary as their Voluntary Liquidator and winding up proceedings commenced from 31/05/2010 and as per Section 497/509, the voluntary liquidator filed financial statement in the form No. 156 pursuant to rule 329 of the Company (Court) Rules, 1959 on 20/10/2010 showing the details of the property and the manner in which it was disposed of as shown in para 7 of the instant company application and the final statement of accounts and balance sheet have been annexed with the company application in the form of Annexure-C and D respectively. All necessary records/papers submitted by the voluntary liquidator as demanded by the official liquidator has been examined by the official liquidator and after examining the complete records of the company, it has been observed that the affairs of the company have 3 Com. Appli-21/2011 been conducted according to the provisions of the Companies Act and are not in any manner prejudicial to the interests of the creditors or the shareholders. The income tax return has also been submitted for the assessment year 2009-10 by the voluntary liquidator and that too also discloses that there is no liability/ outstanding against the company in voluntary liquidation. It will be relevant to record that the Registrar of the Companies, Rajasthan, Jaipur vie its letter dt. 29/10/2010 has forwarded to the Official Liquidator the copies of the documents filed with them by the Voluntary Liquidator in regard to the action to be taken for voluntary winding up, the details of which have been referred in Para 10 of the company application. An additional affidavit has also been filed disclosing that notice regarding appointment of the voluntary liquidator was published in the form No.151 in the official Gazette on 10/06/2010, copy of which has been placed on record alongwith instant company application as Annexure-A-1 and B-1 respectively. From the screening of the documents and papers submitted by the Voluntary Liquidator, this Court is of the view that the affairs of the company have not been conducted in any 4 Com. Appli-21/2011 manner prejudicial to the interests of its members or the public interest and considers it appropriate to grant permission to dissolve the company in terms of Section 497(6) of the Companies Act, 1956 from the date of presentation of the report. The necessary formalities be carried in terms of the provisions of the Companies Act. A copy of this order may be sent to the Registrar of Companies for necessary compliance in terms of the provisions of the Companies Act, 1956. With these observations/directions, the company application stands disposed of. Raghu/p.4/21-Comp Appli-2011-Final.doc [AJAY RASTOGI],J.