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TMI Blog2017 (12) TMI 1452X X X X Extracts X X X X X X X X Extracts X X X X ..... 10,000/- being expenses relating to filing of the present report with the Official Liquidator within a period of two weeks from today. The Voluntary Liquidator shall also preserve the books of accounts of the company for a period of five years from today. - Official Liqudator Report No. 107 of 2017 - - - Dated:- 26-12-2017 - MR. C.L. SONI, J. For The Applicant : MR BHARGAV HASURKAR, ADVOCATE For The Respondent : Notice Served By DS ORAL ORDER [1] The present report is filed with the following prayers: ( a) This Hon ble Court may be pleased to take on records, the report of the Official Liquidator. ( b) The above named Company may kindly be ordered to be dissolved in terms of Section 497(6) of the Companie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Registrar of Companies, Gujarat on 14.02.2017. Copy of Form No.252 filed on 14.02.2017 is annexed herewith and marked as Annexure E . 6. That, the Company, in compliance with the requirements of the provisions of Section 485(1) of the Companies Act, 1956, with regard to publication of special resolution passed at Extra Ordinary General Meeting of the Company in newspapers and Government Gazette, has published the same in daily newspapers Indian Express in English and in Gujarati script Desh Pradesh both in Rajkot editions and were published on 23.02.2017 and 22.02.2017 and in Official Gazette on 16.03.2017. Copies of the Newspaper dated 23.02.2017 of and that of Government Gazette dated 16.03.2017 are annexed hereto and marked as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idental outlay (Establishment charges and other Expenses of Liquidation) 6,680/- Total 1,88,048/- Surplus (Rs.) 7,71,784/- 9. That, in view of the above final Statement of Accounts, surplus amount is ₹ 7,71,784/- out of surplus amount ₹ 7,64,400/- has been distributed among the Shareholders / Contributors / Members of the Copany which are as under: Surplus Amount Names of Members Distributed Amount (Rs.) 7,71,784/- Shri Jivanlal thakarshibhai Faldu 1,14,075/- Shri Rajes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nexed hereto and marked as Annexure H 11. That, the Voluntary Liquidator in pursuance of Section 497(2) of the Companies Act, 1956 has convened the final Meeting of the Members of the Company was held on 31.05.2017 after giving advertisement in newspapers and the Official Gazette. The notice of final meeting of the company was published in daily Newspapers Indian Express, in English Editions and Desh Pradesh Ni Ajkal , in Gujarati Editions in Rajkot edition was published on 29.04.2017 in Official Gazette on 11.05.2017. Copies of the Newspaper dated 29.04.2017 of Indian Express , English daily and Desh Pradesh Ni Ajkal , Gujarati daily and that of Government Gazette dated 11.05.2017 are annexed hereto and marked as Annexure I ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h and marked as Annexure L . 16. That, upon scrutiny of the records submitted by the Voluntary Liquidator, it is seen that necessary compliance of Section 497 and other relevant provisions of the Companies Act, 1956 and Companies (Court) Rule, 1959, as applicable thereto have been made. That, having regard to all the facts and circumstances of the case, the affairs of the Company does not seems to have been conducted in a manner prejudicial to the interest of its members or to public interest. This Hon ble Court may be pleased to decide the Official Liquidator s Report on merits and be pleased to pass order for dissolution of the above-named company and direct the Voluntary Liquidator to preserve the Books of Accounts for a period of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iquidator has already discharged his functions and the Official Liquidator having found that the affairs of the company does not seem to have been conducted in the manner prejudicial to the interest of its members, as also to the public interest, the prayers sought in the present report could be considered. [7] In view of above, the company is ordered to be dissolved in terms of Section 497(6) of the Act. The Voluntary Liquidator shall deposit the amount of ₹ 10,000/- being expenses relating to filing of the present report with the Official Liquidator within a period of two weeks from today. The Voluntary Liquidator shall also preserve the books of accounts of the company for a period of five years from today. [8] The report s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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