Delhi High Court
In The Matter Of Multi Impression ... vs .......... on 1 February, 2019
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 01.02.2019
+ CO.PET. 4/2019
IN THE MATTER OF MULTI IMPRESSION
CARBONS PRIVATE LTD(VOL. LIQN.) .... Petitioner
Through Mr. Deepak Anand, Adv for OL.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J. (ORAL)
1. This petition is filed by the official liquidator (OL) under Section
497(6) of the Companies Act, 1956 for voluntary winding up of the company
namely, MULTI IMPRESSION CARBONS PRIVATE LTD(VOL. LIQN.)
2. The Company has passed a special resolution in its Extraordinary
General Meeting held on 01.08.2016 for voluntary winding up of the
Company, wherein, Mr. Mukesh Kumar Agarwal, Practicing Company
Secretary, was appointed as the voluntary Liquidator of the Company.
3. The Registrar of Companies 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 Registrar of Companies.
4. The declaration of solvency was executed and approved by the Board
of Directors in their meeting held on 22.07.2016 and the same has been filed
with the office of the Registrar of Companies in Form 149 as prescribed
under Section 488 of the Companies Act,1956.
5. The Voluntary Liquidator has filed the requisite forms and notices
which were published in the Official Gazette on 03.09.2016 as well as in two
newspapers namely "Money Makers"(English) and "Dainik Mahalaxmi
Bhagyodya" (Hindi) on 02.08.2016.
6. Pursuant to Section 497 of the Companies Act, 1956, Final General
Meeting was held on 03.10.2016 and the Voluntary Liquidator filed the final
accounts of the Company in Forms No.156 and157, as prescribed under
Rules 329 and 331 of the Companies (Court) Rules, 1959, before the
Registrar of Companies and to the Official Liquidator.
7. The Official Liquidator has received No Objection Certificates from
the Registrar of Companies. Further, NOC is not received from Income Tax
Department; however payment has been made by the voluntary liquidator for
the dues pending against the company with the Income Tax Department.
8. The Official Liquidator has scrutinized the records submitted by the
Voluntary Liquidator and has recorded satisfaction that necessary
compliances of Section 497 of the Companies Act, 1956 and the other
relevant provisions of the Companies Act, 1956 have been made and that the
affairs of the Company have not been conducted in a manner prejudicial to
the interest of its members. The Official liquidator, in these circumstances,
has sought winding up and final dissolution of the Company from the date of
filing of the petition i.e. 04.10.2018.
9. I may note that the Official Liquidator has recorded his satisfaction
that nothing is seen to be prejudicial to the shareholders or the public
interest.
10. Accordingly, this petition is allowed. The Company, MULTI
IMPRESSION CARBONS PRIVATE LTD , stands dissolved from the date
of filing of this petition. The Voluntary Liquidator and the Official
Liquidator may intimate the concerned Registrar of Companies about this
order for necessary compliance, within a period of 30 days hereof.
JAYANT NATH, J.
FEBRUARY 1, 2019/sp
