M/S Manjul Holdings Pvt Ltd vs ..
2012 Latest Caselaw 4157 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                           Date of Judgment:13.07.2012

+     CO.PET. 321/2012


M/S MANJUL HOLDINGS PVT LTD                  ..... Petitioner
                    Through Mr. Mayank Goel, Adv. for the
                            Official Liquidator.
             versus

      ..                                           ..... Respondent
                         Through

      CORAM:
      HON'BLE MS. JUSTICE INDERMEET KAUR

INDERMEET KAUR, J. (Oral)

1 The Official Liquidator has filed the present petition under

Section 497 (6) of the Companies Act. He seeks a dissolution of the

company.

2 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

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.

3 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.

4 In the case of Meghal Homes (P) Ltd. Vs. Shree Niwas Girni K.K.

Samiti & Others (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."

5 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.

6 With these directions, this petition is disposed of.

                                               INDERMEET KAUR, J
JULY       13, 2012
A