AI Structured Summary
Not yet generated for this judgment
Judgment
Indermeet Kaur, J.
1 The Official Liquidator has filed the present petition u/s 497 (6) of the Companies Act. He seeks a dissolution of the company. Record shows that the company M/s Manjul Holdings Private Limited was incorporated on 20.11.1990 with an authorized share capital of Rs.2 lacs. The registered office of the company was located at 102, Shivalik, Alaknanada, New Delhi. The company was voluntary wound up on 07.06.2005. Notice of appointment by the voluntary liquidator was duly published in the official gazette as also in the CP.No.321/2012 Page 1 of 3 newspaper ''Statesman'' (English edition) and ''Veer Arjun'' (Hindi edition). The voluntary liquidator had filed accounts before the Registrar of Companies (ROC) and before the Official Liquidator; the report further states that the voluntary liquidator Mr. Vinod Sahini has given his affidavit in the requisite form stating that no dues of any person i.e. either of the Government or any other body is due; indemnity bond of the directors has also been filed. The ROC vide his letter dated 19.03.2012 has stated that the company has filed all documents and the ROC has no objection if the company is dissolved. The Official Liquidator has accordingly sought for a dissolution of the company.
Since no further claims have been received and in view of the report of the voluntary liquidator, no useful purpose would be served in keeping the company alive.
In the case of Meghal Homes Pvt. Ltd. Vs. Shree Niwas Girni K.K. Samiti and Others, the Supreme Court inter-alia in paragraph 31 thereof has held as under:
...When the affairs of the company had been completely wound up or the court finds that the Official Liquidator cannot proceed with the winding up of the company for want of funds or for any other reason, the Court can make an order dissolving the Company from the date of that order. This puts an end to the winding up process.
In view of the above decision of the Supreme Court and the facts and circumstances of this case, the liquidation proceedings deserve to be brought to an end. Consequently M/s Manjul Holdings Pvt. Ltd. is dissolved. A copy of this order be communicated to the Registrar of Companies within 30 days by the Official Liquidator. With these directions, this petition is disposed of.
