Delhi High Court
M/S Ard Developers Pvt. Ltd. vs .............. on 3 December, 2014
Author: Sanjeev Sachdeva
$~43
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 751/2014
IN THE MATTER OF
M/S ARD DEVELOPERS PVT. LTD. .... Petitioners
Through: Mr. Ashish Makhija, Advocate
on behalf of Official Liquidator.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 03.12.2014
1. This is a petition filed under Section 497(6) read with
Section 497(3) of the Companies Act, 1956 and Rule
323 of the Companies (Court) Rules, 1959 by the
Official Liquidator for voluntary winding of M/s ARD
Developers Pvt. Ltd.
2. The Company has passed a special resolution in its
Extraordinary General Meeting held on 22.02.2013 for
voluntary winding up of the Company. Mr. Deepak
Bansal was appointed as a Voluntary Liquidator of the
Company.
3. The Registrar of Companies was informed regarding
the voluntary winding up and the appointment of the
Voluntary Liquidator. Notices under Rule 315 of the
Companies (Court) Rules, 1959 were issued and filed
Form No.152 and Form 149 for declaration of solvency
with Registrar of Companies and also other requisite
forms were filed with the Registrar of Companies.
4. The Voluntary Liquidator has filed the requisite forms,
notices were published in the Official Gazette on
06.4.2013 as well as the newspapers namely
"Statesman" (English) & "Veer Arjun" (Hindi) on
07.03.2013 along with Memorandum of Association
and Article of Association with the office of the
Official Liquidator. Copy of Form No. 23 has been
filed with the Registrar of Companies.
5. Pursuant of Section 497 of the Companies Act, final
Extraordinary General Meeting of Members was held
on 16.6.2014 and the Voluntary Liquidator filed the
final accounts of the Company in form Nos.156 & 157
as prescribed under Rules 329 & 331 of the Companies
(Court) Rules, 1959 before the Registrar of Companies.
In compliance of the provisions of Section 497(2) of
the Companies Act, 1956, the Liquidator has published
a notification in respect of the final meeting of
members held on 18.02.2014 in newspapers "The
Financial Express" (English) & "Hari Bhoomi" (Hindi)
dated 16.01.2014 respectively.
6. The Official Liquidator has received No Objection
Certificate from the Registrar of Companies, No Dues
Certificate from the Income Tax Department and was
also intimated about surrender of the service tax
registration to the Central Board of Excise and
Customs. The Voluntary Liquidator has filed an
affidavit with the Official Liquidator declaring that
there are no outstanding dues/claims pending with any
government Department against the company and/or
against its Directors before any Court of law and an
indemnity bond to the said effect has also been filed.
7. The Official Liquidator has scrutinized the record
submitted by the Voluntary Liquidator and has
recorded satisfaction that necessary compliances of
Section 497 of the Companies Act, 1956 and the other
relevant provisions of the Companies Act, 1956 have
been made and that the affairs of the company has not
been conducted in a manner prejudicial to the interest
of its members or to the public.
8. The Official Liquidator, in the circumstances, has
sought orders for winding up and final dissolution of
the company from the date of filing of the petition i.e.
21.11.2014.
9. In view of the above and satisfaction recorded by the
Official Liquidator, the company is wound up and shall
be deemed to be dissolved with effect from the date of
the filing of the petition i.e. 21.11.2014.
10. Copy of the order be filed with Registrar of Companies
within the statutory period as per the act by the Official
Liquidator.
The petition is disposed of.
SANJEEV SACHDEVA, J
DECEMBER 03, 2014
st
