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2021 (7) TMI 501

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..... mpany Private Limited (herein referred to as the ("Company"). 2. The aforesaid Company is a private limited company and was incorporated under the provisions of Companies Act, 1956 on 11.01.2010 with Authorized Share Capital of Rs. 1,00,00,000/- divided into 10,00,000 Equity shares of Rs. 10/- each. The Corporate Identification number of the company is U31909DL2008PTC177969. 3. The registered office of the Company is presently situated at 70A/13, Najafgarh Road, Industrial Area, New Delhi - 110015, which lies within the territorial jurisdiction of this Bench. 4. The following averments have been made in the petition: - a. The main objective of the Company was to manufacture, assemble, fabricate, buy, sell, import, export, act as agents .....

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..... d. The Special Resolution passed at meeting dated 30.09.2019 was filed with the Registrar of Companies in MGT-14. A copy of the form MGT-14 along with paid Challan is filed on record. e. The voluntary liquidator has given the required intimation under section 178 of the Income Tax Act, 1961 on 07/10/2019, 17/03/2020 and 08/06/2020. The petitioner has also stated in the petition that the department is entitled to claim their tax dues, if any, or the tax dues which are likely to become payable by the Company in Form B as per Insolvency and Bankruptcy Code, 2016. The No Objection Certificate issued by the Income tax Department dated 10.06.2020 is also placed on record in support of their application. f. As per the requirement of Regulat .....

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..... ra Bank, New Delhi in the name of "Mitlite Electric Company Private Limited in Voluntary Liquidation" subsequent to the commencement of liquidation for realisation of assets and payment to the creditors and members. Further it is confirmed in the petition that the Liquidator has not received any claims from any third party. j. The Auditor's Certificate of Solvency has been filed. The Audited Balance Sheets for the audited financial statements and record of business operations of the company for the previous two years i.e., 2017-18 & 2018-19 and up to the date of commencement of voluntary liquidation i.e., 30/09/2019, is also filed on record. k. In terms of Regulation 9 of the IBBI Regulations, the voluntary liquidator submitted a pr .....

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..... isions of the Insolvency and Bankruptcy Code, 2016 read with the regulations have been made within time, more specifically submission of the Form GNL-2 to the ROC and the intimation to the IBBI vide email, after realisation and distribution of the assets to its members and closure of the Bank account. 7. In view of the foregoing and in view of the satisfaction accorded by the voluntary liquidator by way of the present application accompanied by an affidavit, the said company is hereby dissolved with effect from the date of the present order. 8. A copy of this order be filed with the ROC within the statutory period as per the applicable provisions of the law. 9. The petition is accordingly allowed as per the above terms.
Case laws, De .....

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