Delhi High Court
Inam Urbanline Constructions ... vs ... on 11 August, 2020
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. No. 15/2020
IN THE MATTER OF
INAM URBANLINE CONSTRUCTIONS PRIVATE LIMITED
.....Petitioner
Through: Ms. Ruchi Sindhwani, Sr.
Standing Counsel and Ms. Megha Bharara,
Adv. for Official Liquidator
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 11.08.2020
(Video-Conferencing)
1. This petition is filed under section 497(6) of the Companies
Act, 1956 (hereinafter referred to as "the Act") by the Official
Liquidator (OL), seeking dissolution of the company, Inam Urbanline
Constructions Private Limited (in members voluntary liquidation)
(hereinafter referred to as "the Company").
2. The said Company was incorporated under the provisions of
the Companies Act, 1956 with the name "Inam Urbanline
Constructions Private Limited" with Registrar of Companies, NCT of
Delhi & Haryana at Delhi on 1st April, 2004, vide CIN No.
U45201DL2004PTC125572 with an authorized capital of ₹80,00,000
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:03.01.2021
19:29:31
(Rupees Eighty Lacs only) divided into 8,00,000 (Eight Lacs) equity
share of ₹10/- (Rupees Ten) each. The Paid-up Capital of the
Company as per the Master Data available on the portal of MCA21 is
₹4,50,000/- (Rupees Four Lacs and Fifty Thousand only).
3. The registered office of the company is situated within the
territory of NCT of Delhi at LGF-1, W-19, Greater Kailash-II, New
Delhi - 110048.
4. The first promoters at the time of incorporation were Ms. Neeru
Mittal and Mr. Satish Nath Laroiya.
5. At the time of Members Voluntary Winding up of the petitioner
company, there were three shareholders. The directors at the time of
Members Voluntary Winding-up were Mr. Ajay Kumar Mittal, Mr.
Satish Nath Laroiya and Mr. Girish Kumar Jindia. The financial
position of the company is disclosed in the audited balance sheets
ending as on 31st March, 2013 and 31st March, 2014 which are also
annexed to the petition.
6. The prescribed Form No. 149 for the Declaration of Solvency
was filed with the Registrar of Companies on 25th September, 2014
vide SRN No. C22038277.
7. Pursuant to the provisions of Section 484 (1) of the Act and
other applicable provisions of the Act, the Extra Ordinary General
Meeting of the Members of said company was held on 08.10.2014 and
a special resolution was passed whereby M/s Dhingra & Juneja,
Chartered Accountants, were appointed as Voluntary Liquidator of the
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:03.01.2021
19:29:31
Company. In this regard Form MGT-14 was filed with the Registrar of
Companies.
8. That as per the requirement of Section 485 of the Act, the
Company has published a notification in newspapers namely
"Business Standard" (English) and (Hindi) on 11th November, 2014
and in "The Official Gazette" on 6th December, 2014.
9. 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 of his appointment
as Voluntary Liquidator.
10. Further, pursuant to the provisions of Section 497 of the Act,
the Liquidator has also published Form No.155 in the newspapers
namely 'Business Standard' (English) & (Hindi) on 17th April, 2015
and in "Official Gazette" (English & Hindi) on 9th May, 2015 for the
final meeting to be held on 22nd May, 2015.
11. The Final Meeting of the said company was held on 22nd May,
2015 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 3rd November,
2014 to 15th April, 2015 with the Registrar of Companies, NCT of
Delhi & Haryana in Form 156 vide SRN: C51880086 dated 7th May,
2015 & Form 157 vide SRN: C54209770 dated 3rd June, 2015 and
with the Official Liquidator on 28th May, 2015.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:03.01.2021
19:29:31
12. The Official Liquidator has received No Dues Certificate from
Income Tax Department and no objection has been received from the
Registrar of Companies.
13. The Voluntary Liquidator Mr. Vikas Dhingra Partner of M/s
Dhingra & Juneja, Chartered Accountants and Directors Mr. Girish
Kumar Jindia, Sh. Ajay Kumar Mittal & Sh. Satish Nath Laroiya,
have filed Affidavits & Indemnity Bonds dated 27th February, 2020
respectively undertaking "a) to pay and settle all lawful claims
arising in future after the winding-up of the company. b). To
indemnify any person for any losses that may arise pursuant to the
winding up of the company. c) To settle all lawful claims and
liabilities relating to the company which have not come to our notice
up to this stage, even after winding up of the Company in terms of
provisions of the Income Tax Act, 1961 and any other law to the
extend applicable to the company".
14. 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.
15. 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. 1st
July, 2020.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:03.01.2021
19:29:31
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.
C. HARI SHANKAR, J
AUGUST 11, 2020
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:03.01.2021
19:29:31
