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TMI Blog2021 (5) TMI 569X X X X Extracts X X X X X X X X Extracts X X X X ..... uidator attached to the Hon ble High Court, Guwahati is appointed as the Liquidator for winding of the Company, Saradha Realtors Pvt. Ltd., with directions to take immediately the possession of the assets and properties along with the books of Accounts of the Company - Application allowed. - CP No. 18/GB/2019 - - - Dated:- 3-5-2021 - Hon ble Shri H. V. Subba Rao, Member (J) And Hon ble Shri Prasanta Kumar Mohanty,Member (T) For the Petitioner : Mohd. Shakeel, Dy. Director For the Respondent : None ORDER [ Per: Hon ble Shri Prasanta Kumar Mohanty , Member (T) ] This Petition has been filed by the ROC, Guwahati through the Assistant Solicitor General of India, Gauhati High Court on 30.08.2019 under Section 271 (c), ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kata to the Regional Director (NER), Ministry of Corporate Affairs, Shillong (Now Guwahati) for filing winding up petition before the NCLT, Guwahati ,is attached with the Petition marked as Annexure E. 7. The Petitioner has duly intimated to the Company vide its letter dated 12.03.2019 about such default committed by them but the Company did not respond to them. The Registrar of Companies, sent notice under Section 271(c)/ (d) read with proviso (1) and (2) of Section 272 (3) of the Companies Act, 2013 to the Respondent Company giving reasonable opportunity for making representation. A copy of the said letter sent to the Company by speed post on 12.03.2019 and the copy of the postal receipt along with the track record evidencing the con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he instant case, it is not only just and convenient, but absolutely necessary that pending the hearing and final disposal of the petition, the IRP may be appointed as Liquidator of the Respondent Company to take charge of its affairs and business including its assets, documents and books of accounts etc. 11. The balance of convenience lies in favour of passing an order of winding up the Company under the facts and circumstances of the case. 12. That unless orders as prayed for are made, your petitioner and public at large will suffer irreparable loss and prejudice. 13. That this Application is made bona-fide, and in the interest of justice, and the balance of convenience is also in favour of passing the orders as prayed for herein. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion that the affairs of the company have been conducted in a fraudulent manner or the company was formed for fraudulent and unlawful purpose or the persons concerned in the formation or management of its affairs have been guilty of fraud, misfeasance or misconduct in connection therewith and that it is proper that the company be wound up. (d) If the company has made a default in filing with the Registrar its financial statements or annual returns for immediately preceding five consecutive financial years. 17. It is observed from the papers, documents made available and the submission of the Petitioner that - 17.1 The Company, Saradha Realtors Pvt. Ltd., defaulted in filing the balance sheet and the Annual Return immediately pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the company have been conducted in a fraudulent manner, the persons concerned in the formation or management of its affairs have been found guilty of fraud, misfeasance or misconduct in connection therewith and that the company has made a default in filing with the Registrar its financial statements or annual returns for immediately preceding five consecutive financial years Hence it is found proper that the Company be wound up in the interest of justice and as prayed for by the Petitioner. 19. Hence the order is hereby passed for winding up of the Company, Saradha Realtors Pvt. Ltd., under the provisions of Section 271 (c) and (d) of the Companies Act, 2013; (a) The Official Liquidator attached to the Hon ble High Court, Guwahat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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