Delhi High Court
Asan Builders And Promoters ... vs .............. on 24 July, 2020
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Co. Pet. No. 11/2020
IN THE MATTER OF
ASAN BUILDERS AND PROMOTERS PRIVATE LIMITED
(IN MEMBERS' VOL. LIQN.) ...Petitioner
Through: Ms. Sangeeta Chandra, Advocate
for the 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 'ASAN
BUILDERS AND PROMOTERS PRIVATE LIMITED' (in
Members' Voluntary Liquidation) (hereinafter referred to as "the
Company").
2. The said Company was incorporated on 24th June, 1991, having
Corporate Identity Number U74899DL1991PTC044723 under the
provisions of the Companies Act, 1956.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:03.01.2021
19:29:31
3. The registered office of the Company was situated within the
territory of NCT of Delhi at R-831, New Rajinder Nagar, New Delhi -
110060.
4. The Company was having Authorized Share Capital of
₹10,00,000/- (Rupees Ten Lakhs Only) divided into 1,00,000 (One
Lakh) equity shares of ₹10/- (Rupees Ten) each and the Paid-Up
Share Capital is ₹1,02,000 (Rupees One Lakh Two Thousand Only)
divided into 10,200 (Ten Thousand Two Hundred) equity shares of
₹10/- (Rupees Ten) each.
5. The first promoters as well as first directors at the time of
incorporation were Mr. Arun Kapoor and Mr. Sangeeta Kapoor.
6. 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. Surinder Singh
Marwah and Mr. Jasmeet Singh Marwah. The financial position of the
Company as disclosed in the audited balance sheets ending as on 31st
March, 2008 and 31st March, 2009 are also annexed to the petition.
7. The prescribed Form No. 149 for the Declaration of Solvency
was filed with the Registrar of Companies on 19th January, 2010.
8. Pursuant to the provisions of Section 484(1) and other
applicable provisions of the Act, the Extraordinary General Meeting
(EGM) of the members of the said Company was held on 20th
January, 2010, and a special resolution was passed whereby, Sh.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:03.01.2021
19:29:31
Jasmeet Singh Marwah was appointed as the Voluntary Liquidator of
the Company.
9. As per the requirement of Section 485 of the Act, the citation
were published in the newspapers namely "Veer Arjun" (Hindi) and
"The Statesman" (English) as well as in the Official Gazette
(English & Hindi) on 26th January, 2010 & 20th February, 2010
respectively.
10. The notice for 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 Registrar of Companies. The
Voluntary Liquidator has also given notice of his appointment in
Form No. 151 as required under Section 516 of the Act read with Rule
315 of the Companies (Court) Rules, 1959 in the newspapers namely
"Veer Arjun" (Hindi) and "The Statesman" (English) as well as in the
Official Gazette (English & Hindi) on 26th January, 2010 & 20th
February, 2010 respectively.
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 'The Statesman' (English) & 'Veer Arjun' (Hindi)
on 19th May, 2010 and in the Official Gazette (English & Hindi) on
19th June, 2010 for convening the final meeting to be held on 22nd
June, 2010.
12. The Final Meeting of the said Company was held on 22nd June,
2010 and the Voluntary Liquidator filed accounts of the said Company
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:03.01.2021
19:29:31
in Form No. 156 & 157 as prescribed under Rule 329 & 331 of the
Companies (Court) Rules, 1959 for the period from 20th January, 2010
to 10th May, 2010 with the Official Liquidator on 29th June, 2010 &
before the Registrar of Companies, NCT of Delhi & Haryana, New
Delhi on 15th January, 2011.
13. Both the Directors namely Mr. Surinder Singh Marwah S/o Sh.
Inder Singh Marwah and Mr. Jasmeet Singh Marwah S/o Sh. Surinder
Singh Marwah have jointly filed an Indemnity Bond & their
respective Affidavits dated 27th December, 2010 undertaking to
indemnify the concerned parties/ departments/ authorities/ of local/
State Governments and Government of India if any dues/ shortage/ tax
liabilities arise in future in relation with the Company.
14. The Official Liquidator has received No Objection Certificate
from the Registrar of Companies.
15. The Office of the Income Tax Officer on 21st January, 2020 had
raised a net outstanding tax demand of ₹392/- only for A.Y. 2004-05
and the Voluntary Liquidator had deposited the above said demand
vide DIN 2009200451010503284C and had also paid the outstanding
demand for ₹330/- only raised on 19th January, 2020 and therefore,
there are no remaining dues of the Income Tax department.
16. 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.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:03.01.2021
19:29:31
17. 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 named ASAN
BUILDERS AND PROMOTERS PRIVATE LIMITED (in Members'
Voluntary Liquidation) is hereby wound up and shall be deemed to be
dissolved with effect from the date of the filing of the present petition.
18. 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.
19. 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
