Gujarat High Court
Ol Of Ajanta Ellora Estate Pvt Ltd ( ... vs Na on 29 April, 2023
Bench: Sangeeta K. Vishen
C/OLR/21/2023 ORDER DATED: 29/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/OFFICIAL LIQUDATOR REPORT NO. 21 of 2023
In R/COMPANY PETITION NO. 10 of 2003
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OL OF AJANTA ELLORA ESTATE PVT LTD ( IN LIQN)
Versus
NA
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Appearance:
BHOOMI M THAKORE(6237) for the Applicant(s) No. 1
for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 29/04/2023
ORAL ORDER
1. Heard Ms.Bhoomi Thakore, learned advocate for the applicant.
2. The captioned report has been filed, inter alia, praying for
dissolution of M/s.Ajanta Ellora Estate Pvt. Ltd (In Liquidation)
(hereinafter referred to as "the company in liquidation") in terms of
Section 481 of the Companies Act, 1956 (hereinafter referred to as
"the Act of 1956"). Further request is made that the official
liquidator attached to this Court may be discharged and relieved as
the liquidator of the company in liquidation.
3. Ms.Bhoomi Thakore, learned advocate submitted that the
company in liquidation was ordered to be wound up vide order
dated 02.05.2003 passed by this Court in Company Petition No.10 of
2003. It is further submitted that the records indicate that other
than an old liquidation register, showing the name of the company
in liquidation, the details such as, company petition number and the
date of winding up order, no others records are available with the
office of the official liquidator. It is further submitted that in the
past, for more than 18 years, neither any movement and/or
correspondence have taken place nor any litigation by or against
the Official Liquidator of the company in liquidation has been taken
C/OLR/21/2023 ORDER DATED: 29/04/2023
out. It is submitted that the process of winding-up of the company in
liquidation can be stated to have been stand-still.
4. Attention is invited to the advertisement published in the
newspaper i.e. "Time of India" and "Gujarat Samachar" on
19.01.2022, inviting objections from the secured creditors,
workmen, all stakeholders and public at large for proposed
dissolution in terms of order dated 18.08.2021 passed in Official
Liquidator's Report No.128 of 2021. It is submitted that in response
to the said advertisement, office of the Official Liquidator has not
received any objection from the secured creditors, workmen etc.
5. It is submitted that the letters, both dated 22.06.2021, were
addressed to the Registrar of Companies, Gujarat and Income Tax
Department, informing them that the office of the Official Liquidator
proposes to dissolve the company in liquidation and if they have any
objection, they may raise the same. In response to the said letters,
the Registrar of Companies has addressed a communication dated
01.10.2021, giving its No Objection; however, with a rider that the
liabilities, if any, of the company in liquidation that may arise
subsequently, the company's director shall be held liable. So far as
the Income Tax Department is concerned, no response has been
received.
6. It is further submitted that half yearly statement of accounts
of the company in liquidation have already been filed for the period
from 01.04.2021 to 30.09.2021 with this Court, as required under
Rule 298 of Companies (Court) Rules, 1959. It is therefore, urged
that it is not possible for the Official Liquidator to further carry out
the proceedings of winding up in the absence of relevant
information/records. Hence, it is urged to dissolve the company in
liquidation in the interest of justice.
7. Reliance is placed on the judgment of the Apex Court in the
C/OLR/21/2023 ORDER DATED: 29/04/2023
case of Meghal Homes Pvt. Ltd. vs. Shree Niwas Girni K.K. Samiti,
reported in (2007)7 SCC 753. It has been pointed out that when the
affairs of the Company had been completely wound up or the Courts
find that the official Liquidator cannot proceed with the winding up
of the company for want of funds or for any other reason, the Court
can make an order dissolving the company in liquidation from the
date of that order, which would put an end to the winding up
process.
8. Having heard Ms.Bhoomi Thakore, learned advocate for the
Official Liquidator and on perusal of the record available so also,
considering the ratio laid down by the Apex Court in the case of
Meghal Homes Pvt. Ltd.(supra), the report deserves to be accepted.
The Company i.e. M/s. Ajanta Ellora Estate Pvt. Ltd. (In Liquidation),
is hereby dissolved under the provisions of Section 481 of the Act of
1956. The Official Liquidator attached to this Court stands
discharged and is relieved as liquidator of M/s. Ajanta Ellora Estate
Pvt. Ltd. (In Liquidation).
9. The Official liquidator is permitted to make the payment of
Rs.1500/- to M/s. P.C. Rathod & Co., Chartered Accountants, towards
preparation of Auditor's Certificate from the common pool
maintained by the Official Liquidator.
10. In case of any difficulty, the affected
party, if aggrieved with the present order, may apply for reviewing
the same as per the provisions of Section 559 of the Act, 1956.
11. In view of the above, the report is allowed.
(SANGEETA K. VISHEN,J)
Hitesh
