SSG Construction Services Pvt. Ltd. v. Registrar of Companies NCT of Delhi & Anr.

1. This petition is for withdrawal of proceedings pending before the Official Liquidator, voluntary winding up of the petitioner M/s SSG Construction Services Pvt Ltd.

2. On 17th February, 2020, this Court has already noted the submission of Ms. Sangeeta Chandra, learned counsel for the Official Liquidator, that the Official Liquidator would have no objection to withdrawal of the voluntary winding up of the petitioner. 2021:DHC:3332

3. The prayer clause in this petition reads thus: “In the facts and circumstances of the present matter as detailed above, this Hon'ble Court may kindly be pleased to: a. Issue necessary order/order(s)/direction/ direction(s) to the Respondents for allowing withdrawal of the Petitioner Company from voluntary winding up proceedings. b. issue necessary order/order(s)/direction/ direction (s) to the Respondents for reinstating the Board of Directors of the Company and revival of operations of the Petitioner Company. c. Issue necessary order/order(s)/direction/ direction(s) to the Respondents for making necessary correction in the Master data of Petitioner Company so as make it active. d. Stay the liquidation proceeding pending before the Respondent No.2 e. Pass any other order as the Court may deem fit in the interest of justice, equity and good conscience.”

4. Prayers b. and c. in the petition require directions to be issued to the Registrar of Companies (ROC). Today, Mr. Pradeep Kumar Sharma, learned counsel for the ROC, submits that ROC, too, has no objection to withdrawal of the voluntary winding up of the proceedings before the Official Liquidator. Apropos, prayers b. and c., he submits that once the voluntary winding up of the proceedings before the Official Liquidator are withdrawn, it would be for the petitioner to fix a meeting of shareholders and appoint a fresh Board of Directors. On the said exercise being completed, and the ROC being informed; accordingly, he submits that ROC would take steps to correct the master data of the Company, on its records.

5. Accordingly, the aforesaid submissions are recorded and the respondents would remain bound thereby.

6. In view thereof, nothing survives for adjudication in this petition, which is, accordingly, disposed of. Pending applications would also stand disposed of accordingly.