Delhi High Court
Munjal Light Metals Privater ... vs .... on 24 January, 2020
$~C-42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 24.01.2020
+ CO.PET. 3/2020
MUNJAL LIGHT METALS PRIVATER
LIMITED (IN VOL.LIQN.) ..... Petitioner
Through: Ms. Ruchi Sindhwani, Advocate
for OL
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 Munjal Lights Metal Private Limited
(in members voluntary liquidation).
2. The said Company was incorporated under the provisions of the
Companies Act, 1956 with the name " Munjal Lights Metal Private
Limited" with Registrar of Companies, NCT of Delhi & Haryana vide
CIN No. U13204DL2010PTC207758 with an authorized capital of Rs.
17,00,00,000 divided into 1,70,00,000 equity share of Rs. 10/- each. The
Paid-up Capital of the Company as per the Master Date available on the
portal of MCA21 is Rs. 15,14.10,000/-.
3. The registered office of the company is situated within the territory
of NCT of Delhi at 603, International Trade Tower, Nehru Place, New
Delhi-110019.
4. The financial position of the company as disclosed in the audited
balance sheets ending as on 31.03.2016 & 31.03.2015 are also annexed to
the petition.
5. The prescribed Form No. 149 for Declaration of Solvency was filed
with the Registrar of Companies on 28.12.2016 vide SRN No.
G31130529.
6. Pursuant to the provisions of Sections 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 29.12.2016 and
a special resolution was passed, whereby, Mr. Sanjiv Malhotra was
appointed as the Voluntary Liquidator of the Company.
7. As per the requirement of Section 485 of the Act, the Company has
published a notification in the newspapers namely „Pioneer‟ (English and
Hindi) on 01.01.2017 and in „The Official Gazette‟ on 28.01.2017.
8. The notice of 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 the Registrar of Companies. The Voluntary
Liquidator had also published Form 151 of his appointment as Voluntary
Liquidator.
9. Pursuant to the provisions of Section 497 (1) of the Act, the
Liquidator has also published Form No. 155 in the newspaper namely
„The Pioneer‟ (English) & (Hindi) on 31.03.2017 and in Official Gazette
(English & Hindi) on 13.05.2017 for the final meeting to be held on
23.05.2017.
10. The Final Meeting of the said company was held on 23.05.2017
and the Voluntary Liquidator filed accounts of the said Company in Form
No. 156 & 157 as prescribed under Rule 329 & 332 of the Companies
(Court) Rules, 1959 for the period 29.12.2016 to 27.03.2017 with the
Registrar of Companies, NCT of Delhi & Haryana in Form 156 vide SRN
G44351104 dated 24.05.2017 & Form 157 vide SRN G44351344 dated
24.05.2017 and with the Official Liquidator on 18.09.2017.
11. The Official Liquidator has received No Dues Certificate from
Income Tax Department and No Objection has been received has been
received from the Registrar of Companies.
12. The Voluntary Liquidator namely Mr. Sanjiv Malhotra and
Directors Mr. Pawan Puri & Mr. Rajesh Gulati, have filed Affidavits and
Indemnity Bonds dated 26.02.2018 undertaking that :
"if any demand is raised by the said Departments or other
government authorities, the same will be paid by the
shareholders / members of the company, namely M/s
Munjal Light Metals Pvt. Ltd. That in event of any such
demand, if raised is not met by the shareholders / members
of the company; the same will be paid by me as the
Director of the Company".
13. The Official Liquidator is also satisfied that the necessary
compliance of Sections 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. 24.12.2019.
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
JANUARY 24, 2020
//
