Delhi High Court
Imation (India)Private Limited ... vs ........... on 24 July, 2020
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO. PET. No. 12/2020
IN THE MATTER OF
IMATION (INDIA) 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
% 24.07.2020
(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, Imation (India)
Private Limited (in Members' Voluntary Liquidation) (hereinafter
referred to as "the Company").
2. The Company was incorporated under the provisions of the
Companies Act, 1956 with the name "Imation (India) Private Limited"
with Registrar of Companies, NCT of Delhi & Haryana at Delhi on 3rd
December,1997 vide CIN No. U30009DL1997PTC090971 with an
authorized capital of ₹20,00,00,000 (Rupees Twenty Crore only)
divided into 2,00,00,000 (Two Crores) equity share of ₹10/- (Rupees
Ten) each. The Paid-up Capital of the Company as per the Master
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:03.01.2021
19:29:31
Data available on the portal of MCA21 is ₹16,53,50,000/- (Rupees
Sixteen Crores Fifty Three Lacs and Fifty Thousand only).
3. The registered office of the company is situated within the
territory of NCT of Delhi at H-10, Basement, Jangpura Extension,
South Delhi, New Delhi - 110014.
4. The first promoters at the time of incorporation were Mr. Rajiv
Krishan Luthra and Mr. Harminder Chawla.
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. Mohinder Singh Merwaha,
Mr. Suraj Prakash Oberoi and Mr. John Desmond Mc Daid. The
financial position of the company is disclosed in the audited balance
sheets ending as on 31st March, 2014 and 31st March, 2015 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 27th May, 2015 vide
SRN No.C54194121.
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 the said company was held on 4th June,
2015 and a special resolution was passed whereby Mr. Jitender Singh
was appointed as Voluntary Liquidator of the Company. In this regard
Form MGT-14 was filed with the Registrar of Companies.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:03.01.2021
19:29:31
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 17th June, 2015 and in
"The Official Gazette" on 4th July, 2015.
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 'Financial Express' (English) & "Jansatta" (Hindi) on 17 May,
2019 and in Official Gazette (English & Hindi) on 1st June, 2019 for
the final meeting to be held on 30th June, 2019.
11. The Final Meeting of the said company was held on 30th June,
2019 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 4th June, 2015 to
30th June, 2019 with the Registrar of Companies, NCT of Delhi &
Haryana in Form 156 vide SRN : H76596071 dated 6th July, 2019 &
Form 157 vide SRN : H76594910 dated 6th July, 2019 and with the
Official Liquidator on 10th July, 2019.
12. The Official Liquidator has received No Dues Certificate from
Income Tax Department and no objection has been received from the
Registrar of Companies.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:03.01.2021
19:29:31
13. The Voluntary Liquidator Mr. Jitender Singh, has filed
Affidavit dated 04.12.2019 & Indemnity Bond dated 21.02.2020
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 Imation (India) Private Limited (in Liquidation)".
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.
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
JULY 24, 2020
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:03.01.2021
19:29:31
