Delhi High Court
In The Matter Of Shinsho K Mac ... vs .......... on 5 April, 2019
$~CP-26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 05.04.2019
+ CO.PET. 9/2019
IN THE MATTER OF SHINSHO K MAC PRECISIONS PARTS
(INDIA) PRIVATE LIMITED ......Petitioner
Through Mr. Deepak Anand, Adv.
on behalf of the OL
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J. (ORAL)
1. This petition is filed under Section 497(6) of The Companies Act,
1956 (herein referred to as "the Act") by the Official Liquidator (OL),
seeking voluntary winding up of the Company SHINSHO K MAC
PRECISIONS PARTS (INDIA) PRIVATE LIMITED (VOL. LIQN.) (herein
referred to as the "said company").
2. A perusal of the petition shows that the said Company was
incorporated under the provisions of the Act on 29.03.2012 with the
Registrar of Companies, NCT of Delhi & Haryana (ROC), having authorized
share capital of Rs. 1.75 Crores divided into 17,50,000 equity shares of Rs.
10/-. The Paid up capital of the said company was Rs. 15,14,10,000 (Fifteen
Crores Fourteen Lakhs Ten Thousand) divided 1,51,41,000 equity shares of
Rs. 10/-.
3. The registered office of the said Company is situated at 603,
International Trade Tower, Nehru Palace, New Delhi-110019.
Co.Pet.9/2019 Page 1
4. The said Company has passed a special resolution in its Extraordinary
General Meeting held on 26.09.2016 for voluntary winding up of the said
Company, wherein, Mr. Himanshu Srivastava, was appointed as Voluntary
Liquidator of the said Company at a remuneration of Rs. 50,000/-.
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.
6. The declaration of solvency was executed and declared on 23.08.2016
and the same has been filed with the office of the ROC in Form 149
pursuance to the provisions of Section 488 of the Act read with Rule 313 of
the Companies (Court) Rules, 1959. The said documents are annexed to this
present petition.
7. The Voluntary Liquidator has filed the requisite forms and notices
which were published in the Official Gazette on 28.09.2016 as well as in two
newspapers namely in "Business Standard"(English and Hindi) on
05.11.2016 along with Memorandum of Association and Articles of
Association with the Office of OL.
8. Pursuant to Section 497, the Final General Meeting was convened and
held on 31.10.2018 and the Voluntary Liquidator's statement of account in
Form No. 156 for the period 01.04.2016 to 26.09.2017 was laid before the
meeting and was adopted unanimously. The Voluntary Liquidator has filed
the Liquidator's statement of account with the ROC in terms of Section 497
in Form No. 156 as prescribed under Rule 329 of the Companies (Court)
Rules, 1959 as filed vide SRN No. H26264929 and H26369058 on
01.11.2018.
Co.Pet.9/2019 Page 2
9. The Voluntary Liquidator has filed the indemnity bond dated
31.10.2018 with the OL undertaking to indemnify all the future lawful
claims and liabilities against the said Company, if arises in future after the
dissolution of the said Company
10. The OL has received No Objection Certificates from the ROC and
Income Tax Department.
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.
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.28.03.2019
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.28.03.2019
14. A copy of the order be filed by the OL with the ROC within the
statutory period as per the Act.
15. The petition is accordingly disposed of.
JAYANT NATH, J
APRIL 5, 2019
sd
Co.Pet.9/2019 Page 3
