9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (7) TMI 501 - Tri - Insolvency and BankruptcySeeking voluntary dissolution of Mitlite Electric Company Private Limited - section 59 of the Insolvency and Bankruptcy Code, 2016 (Code) read with Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 - HELD THAT - The voluntary liquidator has filed an affidavit confirming that neither he nor the Company has received any objection with regard to the present liquidation proceedings of the company from any authority whatsoever - applicant states that necessary compliances of Section 59 and other relevant provisions of the Insolvency and Bankruptcy Code, 2016 read with the regulations have been made within time, more specifically submission of the Form GNL-2 to the ROC and the intimation to the IBBI vide email, after realisation and distribution of the assets to its members and closure of the Bank account. In view of the satisfaction accorded by the voluntary liquidator by way of the present application accompanied by an affidavit, the said company is hereby dissolved with effect from the date of the present order - Application allowed.
Issues:
Application for dissolution of a company under section 59 of the Insolvency and Bankruptcy Code, 2016. Analysis: The judgment pertains to an application filed under section 59 of the Insolvency and Bankruptcy Code, 2016, seeking the dissolution of a private limited company named Mitlite Electric Company Private Limited. The company, incorporated under the Companies Act, 1956, decided to voluntarily liquidate due to the absence of significant business operations for several years. The Board of Directors unanimously approved the voluntary liquidation, and a special resolution was passed by the shareholders in compliance with the Code and the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017. An Insolvency Professional was appointed as the liquidator, and necessary formalities, such as filing the Declaration of Solvency and Special Resolution, were completed. The liquidator also fulfilled tax obligations and published notifications soliciting claims from stakeholders. Notably, there were no creditors at the commencement of liquidation. The liquidator established a separate account for the company's liquidation, submitted required reports, including a preliminary report and an Annual Status Report, and conducted stakeholder meetings as per regulations. The Auditor's Certificate of Solvency and audited financial statements were filed, along with a Final Report detailing asset realization and payments to creditors and members. Following the completion of the liquidation process and closure of the bank account, the liquidator confirmed no objections were received, and all necessary compliances were met, including submission of Form GNL-2 to the ROC and intimation to the IBBI. Based on the voluntary liquidator's satisfaction and compliance with applicable provisions, the tribunal ordered the dissolution of the company, effective immediately. The order required filing a copy with the ROC within the statutory period. The petition for dissolution was allowed as per the terms outlined in the judgment, marking the conclusion of the voluntary liquidation process and the formal dissolution of the company.
|
