Delhi High Court
Conyk Cartrac Private Limited (In ... vs .... on 23 December, 2019
$~C-20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 23.12.2019
+ CO.PET. 29/2019
CONYK CARTRAC PRIVATE LIMITED (IN MEMBERS‟
VOL. LIQN.) ..... Petitioner
Through: Ms.Sangeeta Chandra, Advocate
for Official Liquidator.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JYOTI SINGH, J. (ORAL)
1. The present petition has been filed under Section 497(6) of The
Companies Act, 1956 (herein referred to as "the Act") on behalf of the
Official Liquidator seeking dissolution of the Company CONYK
CARTRAC PRIVATE LIMITED (in Members‟ Voluntary Liquidation).
2. The said Company was incorporated under the provisions of the
Companies Act, 1956 bearing the name "Conyk Cartrac Private Limited"
with the Registrar of Companies (ROC), NCT of Delhi on 02.09.2009
with an authorized capital of Rs. 3,55,00,000/- (Rupees Three Crore Fifty
Five Lacs only) divided into 35,50,000 (Thirty-Five Lac Fifty Thousand)
equity shares of Rs. 10/- (Rupees Ten) each.
3. The registered office of the Company (in Vol. Liqn.) was situated
within the territory of NCT of Delhi at Concor Bhawan, C-3, Mathura
Road, New Delhi - 110044.
4. The first promoters at the time of incorporation were NYK Line
(India) Ltd., Mr. Hiroshi Maniwa and Container Corporation of India Ltd.
5. At the time of Members Voluntary Winding up of the petitioner
Company, there were two shareholders. The Directors at the time of
Members Voluntary Winding up were Mr. Anil Kumar Gupta, Mr. Yash
Vardhan, Mr. Okinobu Hatsugai, Mr. Yusuke Sasada and Mr. Tadashi
Abe. The financial position of the Company as disclosed in the audited
balance sheets ending as on 31.03.2012 and 31.03.2011 are annexed to
the petition.
6. The prescribed Form No. 149 for the Declaration of Solvency was
filed with the Registrar of Companies on 09.08.2012.
7. Pursuant to the provisions of Section 484(1) and other applicable
provisions of the „Act‟, the Extra-ordinary General Meeting (EGM) of the
members of the said Company was held on 14.08.2012 and the special
resolution was passed whereby, Mr. Sanjay Khandelwal, Practicing
Company Secretary was appointed as the Voluntary Liquidator of the
Company.
8. As per the requirement of Section 485 of the „Act‟, the Company
has published the notice in the newspapers namely "Business Standard"
(English & Hindi) on 18.08.2012 as well as in the Official Gazette
(English) on 08.09.2012 respectively.
9. The Voluntary Liquidator has also given notice of his appointment
in Form No. 151 as required under Section 516 of the Companies Act,
1956 read with Rule 315 of the Companies (Court) Rules, 1959 in the
Official Gazette on 08.09.2012.
10. The notice for appointment of Voluntary Liquidator in Form 152 as
required under Section 493 read with Rule 315 of the Companies (Court)
Rules, 1959 was filed with Registrar of Companies.
11. Further, pursuant to the provisions of Section 497 of the „Act‟, the
Liquidator has also published Form No. 155 in the daily newspapers
namely „Business Standard‟ (English & Hindi) on 17.07.2013 and in
Official Gazette on 17.08.2013 for convening the final meeting to be held
on 19.08.2013.
12. The Final Meeting of the said Company was held on 19.08.2013
and the Voluntary Liquidator has filed final Statement of 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 14.08.2012
to 16.07.2013 before the Registrar of Companies, NCT of Delhi &
Haryana, New Delhi on 21.08.2013.
13. The Official Liquidator has received No Objection certificate from
the Income Tax Department and from the Registrar of Companies.
14. The Official Liquidator has indicated satisfaction 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.
15. On a perusal of the above mentioned facts, the documents annexed
with the petition and the satisfaction accorded by the Official Liquidator
by way of the present petition, the Company with the name CONYK
CARTRAC PRIVATE LIMITED is hereby wound up and shall be
deemed to be dissolved with effect from the date of the filing of the
present petition.
16. 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.
17. The petition is accordingly disposed of.
JYOTI SINGH, J
DECEMBER 23, 2019
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