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TMI Blog2019 (9) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... ah, Pr.C.S. ORDER Per; V. P. Singh, Member (Judicial) 1. This is a company petition filed by Mr Dharmesh Suresh Shah, Insolvency Professional as a Liquidator of Sunder Bhawar Holiday Homes Private Limited to initiate voluntary liquidation proceedings under section 59 of Insolvency and Bankruptcy Code, 2016 (I B Code). 2. The Petitioner Company Sunder Bhawar Holiday Homes Private Limited was originally incorporated on 13.09.2011 under the provisions of Companies Act, 1956, with the name SHETH LANDMARKS PRIVATE LIMITED having CIN U45400MH2011PTC221951 as a private company limited by shares with Registrar of Companies, Mumbai. The name of the Company was subsequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d/or building and lease, sub-lease and to deal in properties. 4. By an Order dated 06.06.2017, an Amalgamation Order Order was passed by this Tribunal, approving the Company Scheme Petition No.227, 219 and 229 of 2017, of Bandra Properties Private Limited (BPPL)and Bandra Construction Private Limited (BCPL) with the Company and their respective shareholders under Sections 230-232 of the Companies Act, 2013 with effect from the Appointed Date of 01.04.2016 and the entire business and whole of the undertaking of BPPL and BCPL, including all its respective properties and assets, debts, liabilities, contingent liability, duties and obligations, pursuant to Sections 391 to 394 of the Companies Act, 1956 and other relevant p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PP01089/ 2017-2018/11808 as liquidator. 8. The Liquidator made a public announcement of commencement of liquidation in Form A of Schedule I as per Regulation 14 of Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 in The Free Press Journal (Mumbai edition, English newspaper) on 29.06.2018, and in Marathi Navakaland in Loksatta (Mumbai edition, Marathi newspaper) on 29.06.2018inviting for the submission of claims due to M/s Sunder Bhawar Holiday Homes Private Limited by various stakeholders on or before 25th July, 2018 . The aforesaid public announcement in Form A was submitted to Insolvency and Bankruptcy Board of India (IBBI) vide notice dated 26.06.2018. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dator has intimated his appointment to the Income Tax Officer, Ward 13(2)(3) Aayakar Bhavan, New Marine Lines, Mumbai on 27.06.2018 and also intimation under Section 178(2) of the Income-tax Act, 1961 requesting therein to take note of his aforesaid appointment and notify him the outstanding income-tax dues of the company, if any. The Income-tax Officer has given his NO Objection to the company being liquidated vide its letter dated 27.9.2018. 14. The Liquidator has stated that the Company maintained a Current Bank Account with Oriental Bank of Commerce, Santacruz (West) Branch and the same was closed on 26.07.2018 with the credit balance of ₹1,20,78,602.91 being transferred to the HDFC Bank account that is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l report of the Liquidator is submitted with the Registrar of Companies vide GNL-2 dated 25.10.2018 and sent to IBBI via e-mail dated 26.10.2018 as well as via Speed Post on 26.10.2018. 17. The Liquidator states that the affairs of the company have been completely wound up and its assets have been completely liquidated in compliance with the provisions of the Code read with Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 (Regulations). 18. The Auditors Certificates dated 22.10.2018 on the liquidation accounts of the Company, showing receipts and payments about liquidation since liquidation commencement date, i.e. 26.06.2018till 22.10.2018states that the accounts ..... X X X X Extracts X X X X X X X X Extracts X X X X
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