Delhi High Court
Evaluative Finance And ... vs ........ on 31 October, 2017
$~CP-50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31.10.2017
+ CO.PET. 58/2017
EVALUATIVE FINANCE AND INVESTMENT PRIVATE
LIMITED (IN VOL.LIQN,) ..... Petitioner
Through Mr. Kunal Sharma, 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
the voluntary winding up of Evaluative Finance and Investment Private
Limited (herein referred to as the "said company").
2. The said company was incorporated on 14.11.2013 under the
provisions of the Act with the Registrar of Companies (ROC) having its
registered office situated at 1st Floor, East Tower, NBCC Place, Bhishma
Pitamah Marg, Pragati Vihar, Lodhi Road, New Delhi-110003.
3. The ROC was informed about the Voluntary Winding up of the said
company when Board of Directors declared their solvency in the meeting,
held on 23.01.2016. The said declaration was executed in Form 149, as
prescribed under Rule 313 of the Companies (Court) Rules, 1959.
4. Thereafter, the said company under the provision of Section 490 of
the Act had passed a special resolution in its Extraordinary General Meeting,
CO.PET. 58/2017 Page 1
held on 07.03.2016, for the voluntary winding up of the said company and
Mr. Mahinder Kumar Minocha was appointed as the Voluntary Liquidator
of the said company. Notice was also issued for appointment of Voluntary
Liquidator under Rule 315 of the Companies (Court) Rules, 1959 along with
requisite forms which were also filed with the ROC
5. As per the requirement under section 485 of the Act the said company
had published the notification of the said resolution for the voluntary
winding up of the said company in the two newspapers, namely "The
Hindu" (English) and "Vir Arjun" (Hindi) on 17.03.2016 as well as in the
Official Gazette on 09.04.2016. The Memorandum of Association and the
Articles of Association were also filed with the office of the OL.
6. Pursuant to Section 497 of the Act, the Voluntary Liquidator
published the final Extraordinary General Meeting of the members was held
on 05.09.2016 and the Voluntary Liquidator had also 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 ROC and to the
OL.
7. The OL has received No Objection Certificates from the Registrar of
Companies, the Income Tax Department and the Voluntary Liquidator on
06.03.2017 and 15.07.2016.
8. Mr. Manish Uppal one of the director of the said company, has filed
an Indemnity Bond, dated 14.09.2017, with the OL to pay and settle all
lawful claims/dues arising in future after the winding up of the company, he
further indemnifies to settle and pay any dues/ shortage/ tax liabilities which
arises with the departments/ authorities of Local/ State/ Central Government
of India even after the liquidation of the said company.
CO.PET. 58/2017 Page 2
9. The OL has scrutinized the records submitted by the Voluntary
Liquidator and has recorded the necessary satisfaction, as prescribed under
section 484 to 497 of the Act, that the affairs of the said company which
does not appear to have been conducted in a manner prejudicial to the
interest of its members.
10. Hence, the OL in these circumstances, has sought the winding up and
final dissolution of the Company from the date of filing of the petition i.e.
21.09.2017.
11. 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. 21.09.2017.
12. A copy of the order be filed by the OL with the ROC within the
statutory period as per the provisions of the Act.
13. The petition is disposed of.
JAYANT NATH, J
OCTOBER 31, 2017
SS
CO.PET. 58/2017 Page 3
