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2018 (2) TMI 1331

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..... of the present report before this Court to the office of the Official Liquidator. [2] Paragraphs no.3 to 13 of the present report read as under: 3. That company has passed special resolution in extraordinary general meeting by shareholders for Vol. Winding up of the the company on 19.05.2008 and Ms.Gira Sarabhai, Mr.A. R. Mehta and Mr.D. S. Mehta have appointed as liquidators of the company with a remuneration of Rs.NIL. A copy of special resolution dated 19.05.2008 is annexed herewith as Annexure "B" 4. That, the Board of Directors of the Company have filed the Declaration of Solvency dated 28.12.2013 under section 488 of the Companies Act, 1956 with the Registrar of companies, Gujarat on 26.03.2013 in Form No.149 as prescribed under .....

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..... ompany) before the Registrar of Companies, Gujarat on 28.05.2014 & 29.05.2014 and submitted a copy of the same to this office. Copy of Form Nos.156 and 157 are submitted herewith and marked as Annexure "F" (Colly.). 8. That, the Official Liquidator submits that the position of the receipts and payment of the company as on 31.03.2013 are as under: Receipts Particular Amount Cash at Bank 10,074/- Marketable Securities 1,993/- Loans & Advance   TOTAL (Rs.) 12,067/- Payment: Particular Rs. Cost of Notices in Newspaper and Gazette 65/- Return to Contributories 12,002/- Total 12,067/- Surplus (Rs) NIL 9. That, Voluntary Liquidator in pursuance of Section 497(2) of the Companies Act, 1956 has convened the final M .....

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..... marked as Annexure - "J". 13. That, upon scrutiny of the aforesaid company's records submitted by the Voluntary Liquidator, it is seen that the necessary compliance of provisions 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 seem 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 an order for dissolution of the above-named company after considering para 12 of this report and direct .....

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..... rs to be proper compliance of the provisions of Section 497 of the Act, finds that the prayers sought for in the present report could be granted. [5] In view of above, the company is ordered to be dissolved in terms of Section 497 of the Act. The Ex-directors of the company are directed to pay Rs. 10,000/- being expenses relating to filing of the present report to the office of the Official Liquidator within a period of three weeks from the date of receipt of intimation from the Official Liquidator for payment of such amount to the office of the Official Liquidator. The Voluntary Liquidator shall preserve the books of accounts of the company for a period of five years from the date of the report. [6] The report stands disposed of accordin .....

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