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OLR/75/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
OFFICIAL
LIQUDATOR REPORT No. 75 of 2009
=========================================================
OFFICIAL
LIQUIDATOR - Applicant(s)
Versus
SUNIL
DAD PARTNER OF SUNIL DAD & CO - Respondent(s)
=========================================================
Appearance :
OFFICIAL
LIQUIDATOR for Applicant(s) : 1,MR MRUGESH JANI
for Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 30/06/2009
ORAL
ORDER
The
present OLR is submitted by the Official Liquidator to condone the
delay of 15 days for publication in Official Gazette and condone
delay of 4 days in filing of winding up accounts and also to treat
the Company M/s. Shyam Chakradhari Investment Private Ltd. as
dissolved and the intimation be accordingly given to the Registrar
of Companies.
Upon
hearing Mr.Jani, learned Counsel for the OL and the contents of the
report show that the Resolution was passed by the Company for
voluntary winding up and the same was also published in the Official
Gazette. However, as per the Report of the OL, it has been
intimated to him that the delay for publication was in the office of
the concerned authority and not by the Company since the Company had
already forwarded the same immediately. Further the final fund
position of the assets and liabilities shows that all dues are paid
and the share capital has been returned to the shareholders and
contributory. There are no Government dues outstanding. The OL has
not received any complaint and for adoption of the books of account
and the liquidation account, AGM has been held by giving
advertisement in the newspaper and under these circumstances, the
accounts of liquidation are approved. No intimation is received by
the OL for any pendency of the prosecution against any of the
Directors of the Company. The OL has also stated that the affairs
of the Company is not conducted in the manner prejudicial to the
interest of the members or public interest.
Under
these circumstances, the delay in publication of the special
resolution in the official gazette can be condoned and hence,
condoned. Similarly, the delay of filing winding up accounts with
the Official Liquidator can also be condoned and hence, condoned.
It
is further ordered that M/s. Shyam Chakradhari Investment Private
Ltd. shall stand dissolved henceforth from today and the voluntary
liquidator shall preserve the books of accounts of the Company for a
period of five years from the date of passing of the order today,
which is the effective date for dissolution of the Company. The
Registrar of the Companies, Gujarat, is directed to take note of the
dissolution of the Company concerned and to take action in this
regard, as required.
The
OLR is disposed of accordingly.
(JAYANT PATEL, J.)
*bjoy
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