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Date of Decision: 01.02.2019
IN THE MATTER OF MULTI IMPRESSION CARBONS PRIVATE LTD(VOL. LIQN.) .... Petitioner
Through Mr. Deepak Anand, Adv for OL.
JUDGMENT
1. This petition is filed by the official liquidator (OL) under Section 497(6) of the Companies Act, 1956 for voluntary winding up of the company namely, MULTI IMPRESSION CARBONS PRIVATE LTD(VOL. LIQN.)
2. The Company has passed a special resolution in its Extraordinary General Meeting held on 01.08.2016 for voluntary winding up of the Company, wherein, Mr. Mukesh Kumar Agarwal, Practicing Company Secretary, was appointed as the voluntary Liquidator of the Company.
3. The Registrar of Companies was informed regarding the voluntary winding up and the appointment of the Voluntary Liquidator. Notices under Rule 315 of the Company (Court) Rules, 1959 were issued and requisite forms were filed with the Registrar of Companies.
4. The declaration of solvency was executed and approved by the Board of Directors in their meeting held on 22.07.2016 and the same has been filed 2019:DHC:703 with the office of the Registrar of Companies in Form 149 as prescribed under Section 488 of the Companies Act,1956.
5. The Voluntary Liquidator has filed the requisite forms and notices which were published in the Official Gazette on 03.09.2016 as well as in two newspapers namely “Money Makers”(English) and “Dainik Mahalaxmi Bhagyodya” (Hindi) on 02.08.2016.
6. Pursuant to Section 497 of the Companies Act, 1956, Final General Meeting was held on 03.10.2016 and the Voluntary Liquidator filed the final accounts of the Company in Forms No.156 and157, as prescribed under Rules 329 and 331 of the Companies (Court) Rules, 1959, before the
7. The Official Liquidator has received No Objection Certificates from the Registrar of Companies. Further, NOC is not received from Income Tax Department; however payment has been made by the voluntary liquidator for the dues pending against the company with the Income Tax Department.
8. The Official Liquidator has scrutinized the records 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 have not been conducted in a manner prejudicial to the interest of its members. 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. 04.10.2018.
9. I may note that the Official Liquidator has recorded his satisfaction that nothing is seen to be prejudicial to the shareholders or the public interest.
10. Accordingly, this petition is allowed. The Company, MULTI IMPRESSION CARBONS PRIVATE LTD, stands dissolved from the date of filing of this petition. The Voluntary Liquidator and the Official Liquidator may intimate the concerned Registrar of Companies about this order for necessary compliance, within a period of 30 days hereof.
JAYANT NATH, J. FEBRUARY 1, 2019