Delhi High Court
Ecosecurities India Private ... vs ... on 20 December, 2019
$~C-21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 20.12.2019
+ CO.PET. 26/2019
ECOSECURITIES INDIA PRIVATE LIMITED
(In Vol. Liqn) ..... Petitioner
Through: Ms.Ruchi Sindhwani, Sr. Standing
Counsel with Ms.Megha Bharara,
Advocate for Official Liquidator.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JYOTI SINGH, J. (ORAL)
1. This petition is filed under section 497(6) of the Companies Act,
1956 (hereinafter referred to as "the Act") by the Official Liquidator
seeking dissolution of the Company Ecosecurities India Private Limited
(in members voluntary liquidation).
2. The said Company was incorporated under the provisions of the
Companies Act, 1956 with the name "Ecosecurities India Private
Limited" with Registrar of Companies, NCT of Delhi & Haryana at Delhi
on 18.08.2006 vide CIN No. U74140DL2006FTC198434 with an
authorized capital of Rs.50,00,000 (Rupees Fifty Lacs only) divided into
5,00,000 (Five Lacs) equity share of Rs.10/- (Rupees Ten) each. The paid
up capital of the Company as per the Master Data available on the portal
of MCA 21 is Rs.46,00,000/- (Rupees Forty Six Lacs only).
3. The registered office of the company is situated within the territory
of NCT of Delhi at A-72 FF, Captain Gaur Marg, East of Kailash, Delhi
- 110065.
4. The financial position of the company as disclosed in the audited
balance sheets ending as on 31.03.2016 & 30.09.2016 are also annexed to
the petition.
5. The prescribed Form No. 149 for the Declaration of Solvency was
filed with the Registrar of Companies on 11.11.2016 vide SRN No.
G21186499.
6. Pursuant to the provisions of Section 484 (1)(b) of the Act and
other applicable provisions of the Act, the Extra Ordinary General
Meeting of the Members of the said company was held on 15.11.2016 and
a special resolution was passed whereby Mr. Amit Goel was appointed as
the Voluntary Liquidator of the Company.
7. That as per the requirement of Section 485 of the Act, the
Company has published a notification in the newspapers namely
"Business Standard" (English) and (Hindi) on 30.11.2016 and in the
Official Gazette on 31.12.2016.
8. The notice of appointment of Voluntary Liquidator in Form 152 as
required under Section 493 R/W Rule 315 of the Companies (Court)
Rules, 1959 was filed with the Registrar of Companies. The Voluntary
Liquidator had also published Form 151 for his appointment as Voluntary
Liquidator.
9. Further, pursuant to the provisions of Section 497 (1) of the Act,
the Liquidator has also published Form No.155 in the newspapers namely
"Business Standard" (English & Hindi) Edition on 19.07.2018 and in the
Official Gazette on 28.07.2018 for the final meeting to be held on
22.08.2018.
10. The Final Meeting of the said company was held on 22.08.2018
and the Voluntary Liquidator filed accounts of the said Company in Form
No. 156 & 157 as prescribed under Rule 329 & 331 of the Companies
(Court) Rules, 1959 for the period from 15.11.2016 to 16.05.2018 with
the Registrar of Companies, NCT of Delhi & Haryana in Form 156 vide
SRN: H04969242 dated 28.08.2018 & Form 157 vide SRN: H04816575
dated 28.08.2018 and with the Official Liquidator on 29.08.2018.
11. The Official Liquidator has received No Dues Certificate from
Income Tax Department and no objection has been received from the
Registrar of Companies.
12. The Voluntary Liquidator namely Mr. Amit Goel and Director Mr.
Rahul Singh have filed Indemnity bonds and Affidavit dated 17.01.2019
& 22.01.2019 respectively, with the Official Liquidator undertaking to
indemnify:
"the concerned parties/departments/authorities of
local/State/ Government of India, if any,
dues/shortage/Tax/other liabilities which may
arise in future in relation with M/s Ecosecurities
India Pvt. Ltd."
13. The Official Liquidator is also satisfied that the necessary
compliance of Section 497 and other relevant provisions of the Act have
been made and the affairs of the said company have not been conducted
in a manner prejudicial to the interest of its members or to the public
interest and the said company may be dissolved.
14. In view of the foregoing and in view of the satisfaction accorded by
the Official Liquidator by way of the present petition, the said company is
hereby wound up and shall be deemed to be dissolved with effect from
the date of the filing of the present petition i.e. 09.12.2019.
15. A copy of this order be filed by the Official Liquidator with the
Registrar of Companies within the statutory period, as provided for in the
Act.
16. The petition is accordingly disposed of.
JYOTI SINGH, J
DECEMBER 20, 2019
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