Delhi High Court
Shivraj Holding Pvt. Ltd. vs ... on 18 September, 2015
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 709/2015
IN THE MATTER OF SHIVRAJ HOLDING PVT. LTD.
(VOL.LIQN.)
Through Mr. Kanwal Choudhary, Advocate for
Official Liquidator.
CORAM :
HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA
% SUDERSHAN KUMAR MISRA, J. (Oral)
1. This is a petition filed under Section 497(6) of the Companies Act,
1956 by the Official Liquidator for voluntary winding up of Shivraj
Holdings Private Limited (in voluntary winding up).
2. The Company has passed a special Resolution in its Extraordinary
General Meeting held on 30.04.2014 for voluntary winding up of the
Company, wherein, Sh. Vinod Sahani 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
requisite forms were filed with the Registrar of Companies.
4. The declaration of solvency was executed and approved by the Board
of Director in their meeting held on 05.04.2014, 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.
5. The Voluntary Liquidator has filed the requisite forms and notices
were published in the Official Gazette dated24.05.2014 as well as in
two newspapers in the Delhi Editions of THE HINDU (English) and
VEER ARJUN (Hindi) dated 01.05.2014 along with the Memorandum
of Association and Articles of Association with the Office of the
Official Liquidator.
6. Pursuant to Section 497 of the Companies Act, 1956, final
Extraordinary General Meeting was held on 30.04.2014 and the
Voluntary Liquidator filed the final accounts of the Company in Forms
No.156 and 157, as prescribed under Rules 329 and 331 of the
Companies Court Rules, (1959), before the Registrar of Companies
and to the Official Liquidator.
7. The Official Liquidator has received 'No Objection Certificates' from
the Registrar of Companies and the Income Tax Department. The
shareholders of the said company have filed an Indemnity Bond with
the Official Liquidator to the effect that to pay and settle all lawful
claims arising in future after the winding up of the company/ to
indemnify any person for any losses that may rise pursuant to the
winding up of the company/to settle all lawful claims and liabilities
which have not come to occur to notice up to this stage, even after the
name of company has been struck off or after the winding up of the
company.
8. The Official Liquidator has scrutinized the records 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 have not been conducted in a manner
prejudicial to the interest of its members or to the public.
9. The Official liquidator, in these circumstances, has sought winding up
and final dissolution of the Company from the date of filing of the
petition, i.e., 09.09.2015.
10. 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.,
09.09.2015.
11. Copy of the order be filed by the Official Liquidator with the Registrar
of Companies within the statutory period as per the Companies Act,
1956.
12. The petition stands disposed off.
SUDERSHAN KUMAR MISRA.
(JUDGE)
SEPTEMBER 18, 2015
