9911796707
TMI Blog2017 (6) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... Liquidator is exempted from carrying out/filing of the statutory audit of Half yearly/ Annual Accounts of the Petitioner Company (In Liqn.). Let books of accounts of the Petitioner Company (In Liqn.), maintained by the Official Liquidator, be closed. The Official Liquidator is permitted to transfer the aforesaid amount, in the sum of ₹ 1,42,321.36/-, to the Reserve Bank of India in the account of public fund.The Official Liquidator stands discharged qua the Petitioner Company (In Liqn.). A copy of this order be sent to the Registrar of Companies within thirty days.The present application is disposed of accordingly. - CO. PET. 165/2002 - - - Dated:- 31-5-2017 - Siddharth Mridul, J. Mr. Kanwal Chaudhary, Advocate on beha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court dated 22.11.2004, a team from the office of the Official Liquidator was deputed to take over the possession of the registered office of the Petitioner Company (In Liqn.) situated at I-1764, C.R. Park, New Delhi. However, the possession could not be taken, since at the said address one Col. Lahiri was residing and the office of the Petitioner Company (In Liqn.) was not operating. 4. Further, on 28.02.2005, a team of the office of the Official Liquidator, visited the other addresses of the Petitioner Company (In Liqn.) at E-970, C.R. Park, New Delhi and I-1690, C.R. Park, New Delhi, to take over the possession thereof. However, the possession of the said premises could also not be taken as the same were in residential occupatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any (In Liqn.), filed statement of affairs on 28.11.2006. However, the same was found to be defective by the Official Liquidator, inasmuch as, the details qua the exact location/addresses of the Plant Machinery/Stock of the Petitioner Company (In Liqn.) were not provided. 9. This Court vide order dated 07.12.2011, appointed M/s Saxena Saxena, Chartered Accounts to prepare the balance sheets of the Petitioner Company (In Liqn.). 10. It has been stated by the learned counsel appearing on behalf of the Official Liquidator that the car of the Petitioner Company (In Liqn.) was sold to the highest bidder, in pursuance to the order of this Court dated 15.03.2012; and the payment was realized and transferred to the books of accounts of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e office of the Official Liquidator on 22.11.2012, 06.11.2012 and 22.11.2012, respectively. 15. Smt. Indira Chatterjee during her visit to the office of the Official Liquidator, submitted the Form No.32, which was duly filed with the Registrar of Companies, N.C.T. Delhi Haryana at New Delhi on 18.01.2005 (after the date of winding) vide letter dated 22.11.2012, indicating her resignation from the post of the Director of the Petitioner Company (In Liqn.). 16. Further, the statements of Mr. P.K. Ghose and Mr. M.K. Chatterjee under Rule 130 of the Companies (Court) Rules, 1959, were recorded on their visit to the office of the Official Liquidator. Mr. P.K. Ghose also removed the defects in the said statement of affairs, earlier filed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of this Court dated 18.01.2017, the balance payment in the sum of ₹ 30,690/- due and payable to M/s Saxena Saxena, Chartered Accountant, was also made. 20. The present fund position of the Petitioner Company (In Liqn.) is stated to be ₹ 1,42,321.36/-. 21. In support of the relief sought by way of the present application, the Official Liquidator places reliance on a decision of the Hon ble Supreme Court in Meghal Homes (P) Ltd. v. Shree Niwas Girni K.K. Samiti, reported as (2007) 7 SCC 753, wherein it has been observed as follows: when the affairs of the Company had been completely wound up or the court finds that the Official Liquidator cannot proceed with the winding up of the Company for want of funds or fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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