Delhi High Court
M/S Manserve Agencies & Services ... vs .............. on 18 November, 2014
Author: Sanjeev Sachdeva
P$~43
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 706/2014
IN THE MATTER OF
M/S MANSERVE AGENCIES & SERVICES PVT. LTD.
..... Petitioners
Through: Mr. Mayank Goel, Advocate for
the Official Liquidator.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 18.11.2014
1. This is a petition filed under Section 497(6) of the
Companies Act, 1956 by the Official Liquidator for
voluntary winding up of M/s Manserve Agencies &
Services Pvt. Ltd.
2. The Company has passed a Special Resolution in its
Extra Ordinary General Meeting of the Members held
on 30.04.2010 for voluntary winding up of the
Company. Mr. Punkaj Jain was appointed as a
Voluntary Liquidator of the Company.
3. The declaration of solvency was executed and
approved by the Board of Directors in their meeting
held on 25.03.2010, and the same has been filed with
the office of the Registrar of Companies in Form 149
as prescribed under Rule 488 of the Companies (Court)
Rules, 1959.
4. 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 Form
No. 152 for declaration of solvency was filed with
Registrar of Companies.
5. The Voluntary Liquidator has filed the requisite forms
and notices were published in the Official Gazette on
19.06.2010 as well as in the "The Statesman" (English)
and in "Veer Arjun" newspapers dated 28.05.2010
along with Memorandum of Association and Article of
Association with the Office of Official Liquidator.
6. Pursuant to Section 497 of the Companies Act, the
Extra Ordinary General Meeting was held on
30.04.2010 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 for the period from 30.04.2010 to
15.01.2011 before the Registrar of Companies and to
the Official Liquidator. The Form 157 has been filed
with the office of the Official Liquidator on
21.02.2011.
7. In compliance of the provisions of Section 497(2) of
the Companies Act, 1956, the Liquidator has published
a notification in the "The Statesman" (English) and in
"Veer Arjun" newspapers on 17.01.2011 and also in the
Government Gazette published on 05.02.2011 in
respect of the final meeting to be held on 04.01.2011,
which initially could not be held due to non-closure of
books of accounts as well as Bank accounts, and was
subsequently held on 15.02.2011.
8. The Official Liquidator has received No Objection
Certificate from the Registrar of Companies and No
Dues Certificate from the Income Tax Department. 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.
9. 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.
10. 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.
16.09.2014.
11. 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. 16.09.2014.
12. Copy of the order be filed with the Registrar of
Companies within the statutory period as per the act by
the Official Liquidator.
The petition is disposed of.
SANJEEV SACHDEVA, J
NOVEMBER 18, 2014/vld
