Delhi High Court
M/S. Vivek Transporters ... vs .. on 16 December, 2010
Author: Sanjiv Khanna
24.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ COMPAY PETITION NO. 516/2010
Date of decision: 16th December, 2010
IN THE MATTER OF M/S VIVEK TRANSPORTERS (EX-
SERVICEMAN) PRIVATE LIMITED ..... Petitioner
Through Mr. S.B. Gautam, Official Liquidator
in person.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
O R D E R (ORAL)
1. This petition under Section 497(6) of the Companies Act, 1956
(Act, for short) has been filed by the Official Liquidator for voluntary
winding up of M/s Vivek Transporters (Ex-Serviceman) Private Limited
(company, for short).
2. The company was incorporated on 23rd January, 1989. The
authorized share capital of the company is Rs.5,00,000/- divided into
5000 equity shares of Rs.100/- each. The paid up share capital is
Rs.3,00,000/- divided into 3000 equity shares of Rs.100/- each. The
registered office of the company is situated within the National Capital
Territory of Delhi and is located at A5/1, Vasant Vihar, New Delhi-
110051. The Official Liquidator in this petition has set out the main,
incidental or ancillary objects of the company. Details of the promoter
directors and subscribers of the company have been stated. The list of
Directors along with their present addresses have been mentioned.
3. It is stated in paragraph 6 of the petition that there are only two
shareholders of the company, viz., Ms. Indira Awasty and Major General
Virender Awasty, who hold 2000 and 1000 shares, respectively.
COMPANY PETITION NO. 516/2010 Page 1
4. In the Extraordinary General Meeting of the members of the
company held on 15th January, 2010 at the registered office, a special
resolution was passed under Sections 484(1), 488 and 516 of the Act for
the purpose of voluntary winding up. Declaration of solvency and
statement on the estimated realizable value of assets and liabilities
payable by the company as on 31st October, 2009 were also confirmed,
approved and adopted. Mr. Vishal Sehgal was authorized to exercise all
or any of the powers for the purpose of winding up as specified under
Sections 512, 546 and 457 of the Act. A declaration of solvency in form
No. 149 was filed with the Ministry of Corporate Affairs along with copy
of receipt/challan of fee dated 24th December, 2009. In the Extraordinary
General Meeting held on 15th January, 2010, the shareholders passed a
Resolution in terms of Section 484(1)(b) of the Act for voluntary
winding up. Mr. Vishal Sehgal was appointed as a voluntary liquidator.
Mr. Vishal Sehgal gave noticed under Rule 315 of the Company (Court)
Rules, 1959 and filed form No. 152 for appointment of the voluntary
liquidator before the Registrar of Companies on 8th February, 2010.
5. It is stated in the petition that as required by Section 485(1) of the
Act, the voluntary liquidator has published notification in the newspapers
'Jansatta' (Hindi) and 'The Statesman' (English) on 24 th January, 2010.
Notification was also published in the 'Gazette of India' on 13 th to 19th
February, 2010 Edition. Copy of the said publications have been
enclosed as Annexure G to this petition.
6. On 28th May, 2010, Annual General Meeting of the Company was
held as required by Section 497 of the Act. Mr. Vishal Sehgal filed final
accounts of the company in form Nos. 156 and 157 and as prescribed
under the Rules. The relevant extract from the said forms have been
reproduced in paragraph 11 of the petition. Mr. Vishal Sehgal has filed
COMPANY PETITION NO. 516/2010 Page 2
no objection certificate issued by Deputy Commissioner of Income-Tax,
Circle 17(1) dated 19th July, 2010, copy of which has been enclosed as
Annexure I.
7. The voluntary liquidator has furnished affidavit dated 5th May,
2010 of Ms. Indira Awasty and Major General Virender Awasty,
Directors of the company duly notorised by the notary public declaring
that there are no outstanding dues to any Government department against
the company. They have also furnished indemnity bonds, which are
taken on record.
8. It is stated in the petition that as required by Section 497(1) of the
Act, voluntary liquidator has published in the newspapers 'Jansatta'
(Hindi) on 15th April, 2010 and 'The Statesman' (English) on 14 th April,
2010 and 'Government Gazette' published on 8th May, 2010 to 14th May,
2010 (the Official Liquidator, who is present in the Court has made
necessary corrections in paragraph 14 of the petition and has initialed
them in today's date).
9. Registrar of Companies by their letter dated 9th November, 2010
has stated that the documents filed by the voluntary liquidator have been
taken on record as they have been found to be in order. It is stated that
the Official Liquidator has also examined the papers and is satisfied that
necessary compliance of Section 497 and other provisions of the Act
have been made and the affairs of the company have not been conducted
in a manner prejudicial to the interest of its members or the public
interest. The Official Liqudator has made a prayer that the company may
be deemed to be dissolved on the date of submission of this company
petition in the Court.
10. In view of the statement made by the Official Liquidator and
above facts and subject to the undertakings/bonds given above, the
COMPANY PETITION NO. 516/2010 Page 3
present petition for voluntary winding up of M/s Vivek Transporters (Ex-
Serviceman) Private Limited is allowed.
The petition is disposed of.
Copy of this order will be sent to the Registrar of Companies.
DASTI.
SANJIV KHANNA, J.
DECEMBER 16, 2010
VKR
COMPANY PETITION NO. 516/2010 Page 4
