Delhi High Court
M/S American Express ... vs ............ on 3 November, 2014
$~36
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 676/2014
IN THE MATTER OF
M/S AMERICAN EXPRESS INTERNATIONAL INDIA
PVT. LTD (VOL. LIQ.) .....Petitioners
Through: Mr. Rajiv Behl, Advocate for
the Official Liquidator.
CORA M:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 03.11.2014
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 up of M/s
American Express International India Pvt. Ltd.
2. The Company has passed a special resolution in its
Extraordinary General Meeting held on 03.12.2010 for
voluntary winding up of the Company. Mr. Neeshant N
Upadhya 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
Company (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
08.01.2011 as well as "MINT" (English) newspaper
dated 15.12.2010 along with Memorandum of
Association and Article of Association with the Office
of Official Liquidator. Copy of Form No. 23 has been
filed with the Registrar of Companies.
5. Pursuant to Section 497 of the Companies Act, final
Extraordinary General Meeting of Mem bers was held
on 14.04.2014 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 14.04.2014 in newspaper "Business Standard"
(Hindi and English) dated 11.03.2014 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 these circumstances, has
sought orders for winding up and final dissolution of
the Company from the date of filing of the petition i.e.
20.10.2014.
9. In view of the above and the 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. 20.10.2014.
10. Copy of the order be filed with the Registrar of
Companies within the statutory period as per the act by
the Official Liquidator.
11. The petition is disposed of.
SANJEEV SACHDEVA, J
NOVEMBER 03, 20 14
st
