Gujarat High Court Case Information System
Print
OLR/218/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
OFFICIAL
LIQUDATOR REPORT No. 218 of 2011
=========================================================
OFFICIAL
LIQUIDATOR - Applicant(s)
Versus
R
K CARPENTER AND N C SHAH - LIQUIDATORS - Respondent(s)
=========================================================
Appearance
:
OFFICIAL
LIQUIDATOR for
Applicant(s) : 1,MS AMEE YAJNIK for Applicant(s) : 1,
None for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 17/10/2011
ORAL
ORDER
1.0
Through this report, the Official Liquidator has requested for
order of dissolution of the Company from the date of submission of
the report or such other order as may be considered appropriate.
2.0
From the report it emerges that the Company was constituted to
carry on business of buyers, sellers, distributors, agents importers
and exporters etc. Members of the company adopted a resolution for
voluntary winding up of the Company at which point of time following
shareholders were there in the Company :-
Sr.No.
Name
of Shareholders
Equity
Share
1.
Mr.
R.P.Shah (As nominee of Repropack Private Limited)
1
2.
Repropack
Private Limited
14999
TOTAL
15000
The
Company had following Directors:-
Sr.No.
Name
of Directors
Addresses
1.
Mr.
Bipin Pranlal Shah
Opp.
Rajnismurti Society, Nr. Apungmanav Mandal, Dr. Vikram Sarabhai
Marg, Ahmedabad.
2.
Mr.
Nitin Vallabhdas Parikh
28,
Subhas Park, S.M.Road, Ambavadi, Ahmedabad.
3.0
The Directors have filed a declaration of solvency with the
Registrar of Companies. General meeting of the Company was held on
30.05.1987 adopting the resolution for voluntary winding up of the
Company. Notice to this effect for appointment of Voluntary
Liquidator was given to the Registrar of Companies. Necessary
Notification of the Extraordinary General Meeting was also published
in two local newspapers on 05.06.1987 .Excess assets of the Company
have already been distributed amongst the shareholders in the
following manner:-
Assets:-
Estimated
Assets
Amount
to be realized(Rs.)
Value
Realized(Rs.)
Cash
at Bank
1960.70/-
Loans
and Advances Income-tax (TDS)
2306000.00
2434188.54/-
Investments
Other than Marketable securities
17773.00
17773.00/-
Surplus
from Securities
183819.00
——
Amounts
Received from calls on Contributories/Subsidiary made in winding
up
31600.00/-
Repropack
P.Ltd. Int.
61715.16/-
I.T.Refund
36081.00/-
TOTAL(Rs)
2583318.40/-
Liabilities:-
Legal
Charges
7090.00/-
Cost
of Notices in Newspaper and Gazette
2580.00/-
Incidental
outlay (establishment charges and other expenses of liquidation)
382616.01/-
Unsecured
Creditors
115782.39/-
Total
508068.40/-
Surplus
(Rs)
2075250-/
The
surplus assets of the Company have also been distributed amongst the
members of the Company.
4.0
It is further stated that the Voluntary Liquidator has not received
any complaint against the notices for voluntary winding up and the
resolution of the company published in the newspapers and the
Official Gazette.
5.0
It is further stated that upon perusal of the Books of Accounts
nothing objectionable has been noticed. No public interest elements
have been involved. The Voluntary Liquidator has received a letter
dated 14.10.2003 from Commissioner of Income Tax, Ahmedabad-II which
states that it has accorded permission under section 178(3) of the I.
T. Act, 1961 for distribution of the assets of the Company. The
Voluntary Liquidator of the Company however, have filed affidavits
duly notarized on 25.07.2011 declaring that there are no dues to the
Government Department or other authorities against the Company and no
prosecution is pending. They also have agreed to indemnify in case
any dues are found in future against the Company. The Registrar of
Companies has also issued a letter of No Objection Certificate
against such winding up.
6.0 From
the details mentioned in Paras 6 to 16 in Official Liquidator’s
Report dtd.11.10.2011 it transpires that all necessary formalities
have been completed and it is found that there is no objection to
winding up the Company voluntarily, it is hereby directed that the
Company shall stand dissolved from the date of this order. The
Voluntary Liquidator shall reserve the books of accounts of the
Company for the period of 5 years from today. He shall also ensure
that the Official Liquidator is paid cost of Rs.5,000/-. The Official
Liquidator’s Report is disposed of accordingly. Copy of this order
shall be communicated to the Registrar of Companies.
[K.
M. THAKER, J.]
Amit
Top