Delhi High Court
In The Matter Of E.F.Educational ... vs ......... on 22 November, 2017
$~CP-32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision:22.11.2017
+ CO.PET. No. 62/2017
IN THE MATTER OF E.F.EDUCATIONAL TOUR PVT. LTD.(IN
VOL. LIQN.) ........Petitioner
Through Mr. Rishi Manchanda, Adv. for OL
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J. (ORAL)
1. This is a petition, filed under Section 497(6) of the Companies Act,
1956(herein referred to as "the Act"), by the Official Liquidator (OL) for
voluntary winding up of E.F.EDUCATIONAL TOURS PRIVATE
LIMITED (herein referred to as the "said company").
2. The said Company was incorporated on 23.01.2006 under the
provisions of the Act with the Registrar of Companies (ROC), having
authorized share capital of Rs. 25,00,000/- divided into 2,50,000 equity
shares of Rs. 10/- each.
3. The registered office of the said company is situated within the
territory of NCT of Delhi at 12, Bhagat Singh Marg, New Delhi.
4. Pursuant to the provisions of Section 490 of the Act and other
applicable provisions of the Act, the said Company has passed a special
resolution in its Extraordinary General Meeting held on 04.08.2014 for
voluntary winding up of the Company, wherein, Mr. Uday Shankar R M was
appointed as a Voluntary Liquidator of the said Company at a remuneration
of Rs.2,00,000/-.
5. The ROC 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 ROC and the same was published in the Official Gazette on
19.09.2014 as well as in the newspaper "Financial Express" (English) on
08.08.2014 and "Jansatta" (Hindi) Newspapers dated 08.08.2014. along with
Memorandum of Association and Articles of Association with the Office of
OL.
6. The Declaration of Solvency was executed and approved by the Board
of Director in their meeting held on 18.07.2014, and the same has been filed
with the office of the ROC in Form 149 as prescribed under section 488 of
the Act.
7. Pursuant to Section 497 of the Act, final Extraordinary General
Meeting was held on 30.07.2016 and the Voluntary Liquidator filed the final
accounts of the said Company in Forms No. 156 and 157, as prescribed
under Rules 329 and 331 of the Companies (Court) Rules, 1959, before the
ROC and to the OL and the same has been published in "Business Standard"
(English & Hindi) on 25.06.2016 and in "Official Gazette" on 06.08.2016.
8. The OL has received No Objection Certificates from the ROC and the
Income Tax Department.
9. The Voluntary Liquidator of the said company have filed no dues
certificate whereby he declared that there are no outstanding dues against the
said company.
10. The shareholders of the said company have submitted their indemnity
bonds and declared that in case of any future liability/debt that may arise
against the said company after the liquidation, then they shall indemnify to
settle all such future liability /debt to the extent of consideration they
received from the said company.
11. The OL has scrutinized the records submitted by the Voluntary
Liquidator and has recorded satisfaction that necessary compliances of
Section 497 of the Act and the other relevant provisions of the Act have been
made and that the affairs of the said Company have not been conducted in a
manner prejudicial to the interest of its members or to the public.
12. The OL, in these circumstances, has sought winding up and final
dissolution of the said Company from the date of filing of the petition i.e.
24.10.2017
13. In view of the above and the satisfaction recorded by the OL, the said
Company is wound up and shall be deemed to be dissolved with effect from
the date of the filing of the petition i.e. 24.10.2017
14. A copy of this order be filed by the OL with the ROC within the
statutory period as per the provisions of the Act.
15. The petition is accordingly disposed of.
JAYANT NATH, J.
NOVEMBER 22, 2017
SS
Corrected and Signed on 31.01.2018.
