Delhi High Court
Aujan Beverages Private Limited ... vs .......... on 18 March, 2021
$~3 (company)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 08/2021
IN THE MATTER OF:
AUJAN BEVERAGES PRIVATE LIMITED (IN CREDITORS'
VOL. LIQN.) ...Petitioner
Through: Mr. D. Bhattacharya, Advocate,
Standing Counsel for the Official Liquidator
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 18.03.2021
1. This is a petition filed under Section 509(6) of the Companies
Act, 1956 filed by the Official Liquidator for voluntary winding up of
AUJAN BEVERAGES PRIVATE LIMITED (IN CREDITORS'
VOL. LIQN.).
2. Ld. Counsel for the Official Liquidator submitted that as per the
papers lodged with the Official Liquidator by the appointed Voluntary
Liquidator, Ms. Kruti Desai, the Company passed a special resolution
in its Extraordinary General Meeting held on 21st February, 2014 for
voluntary winding up of the Company. Consequently, the concerned
Registrar of Companies (ROC) was informed regarding the voluntary
winding up and the appointment of the Voluntary Liquidator, and
publications/ citations were brought out in this regard in the Official
Gazette on 22nd March, 2014 as well as in newspaper namely in "The
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:22.03.2021
17:31:18
Hindu" (English) and "Rashtriya Sahara" (Hindi) on 20th January,
2014 along with Memorandum of Association and Articles of
Association with the Office of Official Liquidator.
3. Pursuant to the above, the said Liquidator is stated to have
undertaken necessary steps, and as per the Liquidator the affairs were
wound up completely by 31st May, 2017. Consequently, in the Final
Extraordinary General Meeting held on 9th June, 2017, the Liquidator
is stated to have sought the approval of the accounts of winding up.
The Liquidator also informed the concerned Registrar of Companies
and the Official Liquidator in this respect.
4. Later, the Official Liquidator also received "No Objection
Certificates" from the Income Tax Department and Registrar of
Companies. The Official Liquidator scrutinized the records submitted
by the Voluntary Liquidator and has recorded satisfaction that
necessary compliances of Section 509 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.
Hence, as per 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.10th March, 2021.
5. Heard the Ld. Counsel.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:22.03.2021
17:31:18
6. In view of the reasons stated in the petition and the satisfaction
recorded by the Official Liquidator, this petition is allowed and the
Company is wound up and shall be deemed to be dissolved with effect
from the date of the filing of the petition i.e. 10th March, 2021.
7. Copy of the order be filed by the Official Liquidator with the
Registrar of Companies as per rules.
8. The petition is disposed of.
C. HARI SHANKAR, J.
MARCH 18, 2021/kr
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:22.03.2021
17:31:18
