Delhi High Court
M/S Scantel (P) Limited vs ................ on 18 December, 2014
Author: Sanjeev Sachdeva
$~22
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 369/2001
IN THE MATTER OF
M/S SCANTEL (P) LIMITED ...Petitioner
Through: Mr. Kanwal Chaudhary,
Advocate on behalf of
Official Liquidator.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 18.12.2014
OLR 449/2014
The report is taken on record and disposed of.
C.A No. 2979/2014 (application under section 481 of
Companies Act, 1956 read with Rule 9 of the
Companies (Court) Rules, 1959 for Dissolution of
the Company )
1. This application has been filed by the Official
Liquidator under section 481 of the Companies Act,
1956 ("Act") read with Rule 9 of the Companies
(Court) Rules, 1959 ("Rules") praying that M/S Scantel
(P) Limited (In Liquidation) (hereinafter referred to as
the Company) be finally dissolved and the Official
Liquidator be discharged as its Liquidator.
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2. It is stated that M/S Scantel (P) Limited was ordered to
be finally wound up by order dated 28.11.2011 the
Official Liquidator attached to this Court was
appointed as the Official Liquidator of the Company.
3. It has been submitted in the application that a team of
the Official Liquidator visited the registered office of
the Company situated at 404-407, Raja House, 30-31,
Nehru Place, New Delhi-110019 on 27.12.2011 for
taking possession of the same, however, the Company
was not operating there and therefore the team could
not take possession of the registered office.
4. That a team of the Official Liquidator visited the
factory premises of the Company situated at C-19,
Sector-3, Noida, Distt. Gautam Budh Nagar, U.P on
03.04.2012 but could not take possession, as another
company, namely M/s East End Apparels, was
operating there from. Since the Company was not
operating there from, hence the possession of the
factory premises could not be taken over.
5. That all assets of the Company were sold by the DRT
for Recovery of Dues of the India Bank and there were
no other moveable and immoveable assets of the
Company. Therefore, the Official Liquidator was
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directed to invite the claims from
secured/preferential/unsecured creditors and workmen
of the Company.
6. The Official Liquidator published the claim notice in
the newspapers, namely "Statesman" (English) and
"Veer Arjun" (Hindi) as well as through the website of
the Official Liquidator dated 30.05.2014. The last date
of submission of claims was on 21.06.2014. No claim
however was received by the Office of the Official
Liquidator.
7. The Official Liquidator has filed the present
application under section 481 of the Companies Act,
1956 for dissolution of the Company and has sought
permission to close the books of the company after
transferring the balance amount of Rs.5,285/- to the
Common Pool fund.
8. Learned Counsel for the Official Liquidator submits
that the Official Liquidator has no further asset either
moveable or immoveable from which any money may
be realized for the Company. It is further submitted that
there is no possibility of realizing any further funds and
no claims have been received, therefore, no useful
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purpose would be served by keeping this matter
pending. Rather, the same would be counterproductive.
9. In the case of MEGHAL HOMES (P) LTD. VS. SHREE
NIWAS GIRNI K.K.SAMITI & ORS., (2007) 7SCC 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".
10. In view of the above decision of the Supreme Court and
the facts and circumstances of this case, the liquidation
proceeding deserve to be brought to an end.
Consequently, M/S Scantel (P) Limited is dissolved.
11. Books of the company M/S Scantel (P) Limited are
permitted to be closed by the Official Liquidator is
discharged as its Liquidator.
12. The Official Liquidator is entitled to deduct not only its
expenses but also Government Commission, etc out of
the funds available in the account of the company. The
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Official Liquidator is permitted to transfer Rs.5,285/-
to the Common Pool fund of the Official Liquidator
towards the liquidation expenses, audit fee, Income
Tax, Government commission, if any.
13. A copy of the order be communicated to the Registrar
of Companies within 30 days by the Official
Liquidator.
14. The application is accordingly, allowed and disposed
of. No further orders are called for in the present
Company Petition, which also stands disposed of.
SANJEEV SACHDEVA, J
DECEMBER 18, 2014
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