Delhi High Court
M/S Indus Aviation Services Pvt. ... vs ---- on 28 August, 2012
Author: Indermeet Kaur
$~A27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment:28th August, 2012
+ CO.PET. 392/2012
IN THE MATTER OF
M/S INDUS AVIATION SERVICES PVT. LTD. ..... Petitioner
Through: Mr. Sudhir Kapoor, Asst. Official
Liquidator.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
INDERMEET KAUR, J. (Oral)
1. The Company-M/s Indus Aviation Services Pvt. Ltd. pursuant to a
resolution passed in the Extra Ordinary General Meeting of the
Company held on 30.08.2010 had appointed Manoj Kumar Malhotra as
a Voluntary Liquidator of the said Company. Notice was thereafter
published in the newspapers and the Official Gazette. Notice of the
appointment of the Voluntary Liquidator was also give to the Registrar
of Companies.
2. Voluntary Liquidator failed to furnish the documents and books
of accounts before the Official Liquidator. Letters dated 01.03.2011,
05.05.2011, 14.03.2012 sent by the Official Liquidator remained
unanswered. Co. Pet. No. 367/2011 was accordingly filed by the Official
Liquidator seeking a direction against the Voluntary Liquidator to
handover books of accounts of the Company.
3. The Voluntary Liquidator had thereafter handed over the
documents of the Company which included its Memorandum of
Association, Articles of Association and affidavit of the Voluntary
Liquidator declaring no dues to any government department including
Income Tax Department are payable.
4. Record disclose that this Company-M/s Indus Aviation Services
Pvt. Ltd. was incorporated on 26.06.2001; on the basis of the annual
return submitted by the Voluntary Liquidator, as on 30.07.2010 there
were five shareholders and three directors of the Company. Final
accounts have since been filed by the Voluntary Liquidator in the
requisite Form Nos. 156 and 157 as prescribed under Rules 329 and 331
of the Company (Court) Rules before the Registrar of Companies.
5. The Official Liquidator by way of present petition has stated that
pursuant thereto no objection certificate has also been received from the
Registrar of Companies and the Income Tax Department copies of
which have been enclosed along with the petition. On a scrutiny of the
records submitted by the Voluntary Liquidator, the Official Liquidator is
satisfied that necessary compliances of Section 497 and other provisions
of the Companies Act have been complied with and the affairs of the
Company have not been conducted in any manner prejudicial to the
interest of its members or to the public and a prayer is accordingly made
by the Official Liquidator to dissolve the Company.
6. In the case of Meghal Homes (P) Ltd. Vs. Shree Niwas Girni K.K.
Samiti and Ors., (2007) 7 SCC 753, 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." \
7. In view of the above decision of the Supreme Court and the
aforenoted factual position as emanating, the liquidation proceedings
deserve to be brought to an end; accordingly, Company-M/s Indus
Aviation Services Pvt. Ltd. is ordered to be wound up and thereafter
finally dissolved. This order will enure form today. The Official
Liquidator is also permitted to close the books and accounts of the
Company in liquidation. A copy of this order be communicated to the
Registrar of Companies within thirty days by the Official Liquidator.
The Official Liquidator is discharged and the present petition is disposed
of.
INDERMEET KAUR, J
AUGUST 28, 2012
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