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2024 (6) TMI 631 - HC - Companies LawSeeking dissolution of the company - Voluntary Liquidation - Section 497(6) of the Companies Act, 1956 - HELD THAT - It is stated on behalf of the Official Liquidator that the Official Liquidator is satisfied that the necessary compliance of Section 497 and other relevant provisions of the Act have been made and the affairs of the said company have not been conducted in a manner prejudicial to the interest of its members or to the public interest and the said company may be dissolved. In view of the foregoing and in view of the satisfaction accorded by the Official Liquidator by way of the present petition, the said company is hereby wound up and shall be deemed to be dissolved with effect from the date of the filing of the present petition i.e. 03.04.2024. Petition disposed off.
Issues involved: Company petition for dissolution u/s 497(6) of the Companies Act, 1956 - GE Strategic Investments India (Pvt. Company with Unlimited Liability).
The Official Liquidator filed a company petition seeking dissolution of the company under Section 497(6) of the Companies Act, 1956. The petition stated the history of the company, including details of the promoters and directors at different stages. It also included the audited balance sheets of the company up to 31.03.2015 & 31.03.2014. The Official Liquidator confirmed that all necessary compliance with the Companies Act of 1956 regarding Voluntary Winding Up of Companies had been completed, and requested the final dissolution of the company. The petition detailed the steps taken in accordance with the Companies Act, 1956 for voluntary winding up of the company. It mentioned the filing of Form No. 149 for Declaration of Solvency, the Extra-ordinary General Meeting held on 31.07.2015 where a Special Resolution was passed for voluntary winding up, and the appointment of Voluntary Liquidators. Notices regarding the voluntary winding up were published in newspapers and the Official Gazette as required by law. The Voluntary Liquidator submitted the Liquidators' Accounts in Form 156 for the period from 31.07.2015 to 17.02.2023. The Final Meeting of the company was held on 30.03.2023, where the Voluntary Liquidator presented the accounts. The Registrar of Companies confirmed no objection to the dissolution of the company, and the Voluntary Liquidator provided a No Objection Certificate from the Income Tax Department along with an Indemnity Bond. The Official Liquidator expressed satisfaction that all necessary compliance with Section 497 and other relevant provisions of the Act had been met. It was confirmed that the affairs of the company had not been conducted in a manner prejudicial to the interest of its members or the public interest. Consequently, the company was wound up and deemed dissolved with effect from the date of filing the petition, i.e., 03.04.2024. The Official Liquidator was instructed to file a copy of the order with the Registrar of Companies within the statutory period. In conclusion, the petition for dissolution of the company under Section 497(6) of the Companies Act, 1956 was disposed of, and the company was officially wound up and dissolved as per the satisfaction of the Official Liquidator.
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