Delhi High Court
Ex-Servicemen Garuda Carriers ... vs ... on 31 May, 2016
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Co.Pet. 371/2016
EX-SERVICEMEN GARUDA CARRIERS PRIVATE LIMITED
(IN VOL. LIQN.) ..... Petitioner
Through: Mr. Manish Bishnoi, Advocate
for Official Liquidator.
CORAM:
HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA
% SUDERSHAN KUMAR MISRA, J.
1. This is a petition filed under Section 497(6) of the Companies
Act, 1956 by the Official Liquidator for voluntary winding up of
Ex-Servicemen Garuda Carriers Pvt. Ltd. (in voluntary winding
up).
2. The Company has passed a special Resolution in its Extraordinary
General Meeting held on 30.03.2012 for voluntary winding up of
the Company, wherein, Mr. Vishal Sehgal 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 24.02.2011, 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 on 23.04.2011 as well as in
two newspapers namely in "The Statesman" (English) and
"Jansatta" (Hindi) Newspapers dated 07.04.2011 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 04.11.2011 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.
8. The Voluntary Liquidator of Ex-Servicemen Garuda Carriers Pvt.
Ltd. has filed an affidavit with the Official Liquidator 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 arise
pursuant to the winding up of the company.
9. 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.
10. 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., 22.03.2016.
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., 22.03.2016.
12. 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.
13. The petition is disposed off.
SUDERSHAN KUMAR MISRA
(Judge)
MAY 31, 2016
