9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (6) TMI 701 - Tri - Insolvency and BankruptcyDissolution of petitioner company - Voluntary liquidation proceedings were in progress - Section 59 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT - On examining the submissions made by the Learned Counsel for the Petitioner and after perusing the documents annexed to the Application it appears that the affairs of the Company have been completely wound up and the assets of the Petitioner Company have been completely liquidated and as such the Petitioner Company deserves to be dissolved. The Petitioner Company shall stand dissolved from the date of this order - Petition allowed.
Issues:
Company Application for dissolution under Section 59 of the Insolvency and Bankruptcy Code, 2016 and Regulation 38 of the IBBI (Voluntary Liquidation Process) Regulations, 2017. Detailed Analysis: 1. Background and Initiation of Liquidation Process: The Company Application sought dissolution of the Petitioner Company, M/s. Paul Hartman Medical Private Limited, under the voluntary liquidation process as per Chapter V of the Voluntary Liquidation of Corporate Debtor. The company was originally incorporated in 2009 under the Companies Act, 1956 with specific objectives related to medical products and equipment. 2. Resolution for Voluntary Liquidation: The Board of Directors declared solvency and approved the proposal for winding up at a meeting, which was subsequently approved by shareholders through a special resolution at an Annual General Meeting. The liquidation process commenced as per Section 59 of the IBC, 2016. 3. Appointment of Liquidator and Compliance: Mr. M.D. Selvaraj was appointed as the Liquidator, and necessary resolutions were passed authorizing him to undertake all acts required for liquidation. The Liquidator fulfilled obligations such as issuing public announcements, notifying authorities, and preparing reports as per regulations. 4. Financial Status and Reports: The company's financial position, including assets and liabilities, was meticulously documented by the Liquidator through various reports, including a preliminary report, annual status report, and final report. The company's bank accounts were also managed and closed in compliance with regulations. 5. Tax and Regulatory Compliance: The Liquidator ensured compliance with tax regulations by notifying the Income Tax authorities about the voluntary liquidation process. The Income Tax Department confirmed no statutory dues, providing a no-objection for the company's liquidation. 6. Completion of Liquidation Process: The Liquidator submitted reports within stipulated timelines, ensuring that the company's liquidation was not intended to defraud any party. The liquidation process was completed within 12 months from the commencement date, with the final report filed with the Registrar of Companies and IBBI. 7. Dissolution Order: After thorough examination of submissions and documents, the Tribunal ordered the dissolution of M/s. Paul Hartman Medical Private Limited under Section 59(8) of the IBC, 2016. The Company Petition was allowed, and the Registry was directed to inform relevant authorities about the dissolution. In conclusion, the judgment detailed the entire process of voluntary liquidation undertaken by the Petitioner Company, highlighting compliance with legal requirements, financial transparency, and regulatory obligations, ultimately leading to the dissolution of the company.
|
