Delhi High Court
Mahameda Investment & Finance ... vs .......... on 13 March, 2018
$~CP-43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 13.03.2018
+ CO.PET.04/2018
MAHAMEDA INVESTMENT & FINANCE (INDIA)LIMITED
(IN VOL.LIQN.) ................. Petitioner
Through Mr.Deepak Anand, 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
Members Voluntary Winding up of Mahamedha Investment and Finance
(India) Limited (VOL. LIQN.)(herein referred to as the "said
company")from the date of filing of the present petition.
2. A perusal of the petition shows that the said Company was
incorporated on 24.02.1997, under the provisions of the Act with the
Registrar of Companies (ROC),NCT of Delhi & Harayana, New Delhi.
3. The Registered office of the said company is situated within the
territory of NCT of Delhi& Haryana at New Delhi i.e Ankur Enclave,D-
93,Nanak Dairy Road, Karawal Nagar, Delhi-110094.
4. The record of the said Company filed with this petition shows that
the authorized share capital of the said Company is Rs. 30,00,000/-(Rupees
Thirty Lacs only) divided into 3,00,000 (Three lacs) Equity Shares of
Rs.10/- each. That the paid up capital as on date i.e. 31.03.2004 was Rs.
26,90,700/-(Rupees Twenty Six Lakhs Ninety Thousand Seven Hundred
only) divided into 2,69,070(Two Lacks Sixty Nine Thousand Seventy)
Equity shares of Rs. 10/- each.
5. Pursuant to the provisions of Section 484(1) of the Act, the said
Company has passed a special resolution in its Extraordinary General
Meeting held on 26.07.2004 for voluntary winding up of the said Company
by the memebers, wherein, Mr. Dinesh Kumar Goel, Partner of M/s D. Goel
Associates Chartered Accountants, was appointed as Company Liquidator at
a remuneration fixed for Rs.5000/-(Rupees five thousand only). The ROC
was informed regarding the voluntary winding up and the appointment of
the Voluntary Liquidator. Notices under Section 493 of the Act read with
Rule 315 of the Company (Court) Rules 1959 were filed with the ROC and
the same was published in the newspaper „The Hindi‟ (Delhi Edition,
English) on 07.08.2004 and in the Official Gazette on 21.08.2004, along
with Memorandum of Association and Articles of Association with the
Office of OL.
6. Declaration of Solvency was executed and approved by the majority
of Directors in their meeting held on 22.06.2004 and the same has been filed
with the office of the ROC in Form 149 as prescribed under Section 488 of
the Act.
7. The voluntary liquidator, as required under Section 497(1) of the Act,
read with Rule 329 published the notification regarding the Final
Extraordinary General Meeting held on 10.11.2004 in which the affairs of
the said company were fully wound up on 10.11.2004 and all
accounts/property was disposed of for the period from 26.07.2004 to
10.112004. The said notification was published in „The Hindu‟(English)on
08.10.2004 and in official Gazette (English) on 23.10.2004 and filed the
final accounts of the Company in Forms No. 156 and 155, as prescribed
under the Companies (Court) Rules, 1959, before the ROC and to the OL.
8. The OL has received "No Objection Certificates" dated 18.08.2006
from the Income Tax Department and NOC was received on 10.02.2005
from the ROC.
9. The OL has scrutinized the records submitted by the Voluntary
Liquidator and has recorded satisfaction that necessary compliances with
regard to the 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.
10. Thus having regard to the aforesaid facts and circumstances and the
satisfaction recorded by the OL, the prayer made in the petition is allowed
and the said Company is wound up and shall be deemed to be dissolved with
effect from the date of the filing of the present petition i.e. 18.12.2017.
11. Copy of the order be filed by the OL with the ROC within the
statutory period as per the Act.
12. The petition is accordingly disposed of. All pending applications, if
any, also stand disposed of accordingly.
JAYANT NATH, J
MARCH 13, 2018/SS
