M/S Strategic Value Partners India Private Limited v. Official Liquidator

1. This is a petition filed under Section 497(6) read with Section 497(3) of the Companies Act, 1956 and Rule 323 of the Companies (Court) Rules, 1959 by the Official Liquidator for voluntary winding up of M/s Strategic Value Partners India Private Limited (hereinafter referred to as the Company).

2. The Company has passed a Special Resolution in its Extraordinary General Meeting held on 28.08.2010 for voluntary winding up of the Company. Ms. Manisha Seth was appointed as a Voluntary Liquidator of the Company.

3. The Registrar of Companies was informed regarding 2014:DHC:7347 CO.PET. 799/2014 2 the voluntary winding up and the appointment of the Voluntary Liquidator. Notices under Rule 315 of the Company (Court) Rules, 1959 were issued and filed. Form No. 152 and Form 149 for declaration of solvency was filed with Registrar of Companies and also other requisite forms were filed with the Registrar of Companies.

4. The Voluntary Liquidator has filed the requisite forms. Notices were published in the Official Gazette on 18.09.2010 as well as “Financial Express ” (English) and “Jansatta” (Hindi) newspaper dated 07.09.2010 and filed along with Memorandum of Association and Article of Association with the Office of Official Liquidator. Copy of Form No. 23 has been filed with the Registrar of Companies.

5. Pursuant to Section 497 of the Companies Act, 1956 final Extraordinary General Meeting of Members was held on 25.11.2013 and the Voluntary Liquidator filed the final accounts of the Company in Form Nos. 156 & 157 as prescribed under Rules 329 & 331 of the Companies (Court) Rules, 1959 before the Registrar of Companies. CO.PET. 799/2014 3

6. In compliance of the provisions of section 497(2) of the Companies Act, 1956, the Liquidator has published a notification in respect of the final meeting of members held on 25.05.2013 in newspaper “Business Standard” (Hindi and English) dated 21.10.2013 respectively and the Official Gazette on 02.11.2013.

7. The Official Liquidator has received No Objection Certificate from the Registrar of Companies, No Dues Certificate from the Income Tax Department and was also intimated about surrender of the service tax registration to the Central Board of Excise and Customs. The Voluntary Liquidator has filed an affidavit with the Official Liquidator declaring that there are no outstanding dues/claims pending with any Government Department against the Company and/or against its Directors before any Court of law and an indemnity bond to the said effect has also been filed.

8. The Official Liquidator has scrutinized the record submitted by the Voluntary Liquidator and has recorded satisfaction that necessary compliances of Section 497 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 has not CO.PET. 799/2014 4 been conducted in a manner prejudicial to the interest of its members or to the public.

9. The Official Liquidator, in these circumstances, has sought orders for winding up and final dissolution of the Company from the date of filing of the petition i.e.18.12.2014.

10. In view of the above and the satisfaction recorded by the Official Liquidator, 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. 18.12.2014.

11. Copy of the order be filed with the Registrar of Companies within the statutory period as per the act by the Official Liquidator. The petition is disposed of.

SANJEEV SACHDEVA, J DECEMBER 22, 2014 st