9911796707
TMI Blog2021 (7) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... /Regional Director, North Eastern Region. 2. The Applicant declares that the subject-matter of this Application is within the Jurisdiction of the Hon'ble National Company Law Tribunal, Guwahati by virtue of the location of the Company's Registered Office. The Applicant further declares that the Application is filed within the limitation. 3. The Petitioner has obtained previous sanction of the Central Government to proceed with the present petition Copy of such sanction of the Central Government is annexed with the Petition and marked as annexure "E". 4. The Brief facts of this case are that the Ministry of Corporate Affairs, Government of India has found from the Company's Master Data that the Respondent Company did not file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not file their Annual Return and balance sheet for last more than 5 years and has committed default as is transpired from the copy of the Master Data. The Petitioner had duly intimated the Respondent Company vide its letter dated 12.03.2019. Based on the last balance sheet filed, it has been found that the Respondent Company has very meagre liabilities and assets and has also not filed its Income Tax Return after 31st March, 2012 The Company is not functioning for more than 5 subsequent financial years. 9. It is further submitted that the affairs of the other group of the companies were also fraudulently carried on and pursuant to the report of S.F.I.O. the other Bench of Hon'ble NCLT has already passed order of winding up of others 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 271 (c), (d) and 272(3) of the Companies Act, 2013 (b) IRP/Official Liquidator be directed to take possessions of the assets and properties of the Respondent Company. (c) Respondent Company be restrained from disposing of its assets and properties pending disposal of the instant Petition and (d) Costs and incidental to the instant Petition be directed to be paid out of the assets and properties of the Respondent Company. 15. The Petitioner has also referred to an Order of the NCLT, Kolkata Bench, Kolkata dated 31.10.2019 passed in CP No. 481/KB/2019 in the matter of Registrar of Companies, West Bengal, Kolkata Vs Saradha Green Fields Nirman Pvt. Ltd., whereby it has accepted the Company Petition filed under 271 (d) of the Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Company is not functioning for more than five subsequent financial years. 17.4 The affairs of the other group of companies were fraudulently carried on which is reportedly known pursuant to the report of S.F.I.O. 17.5 The petitioner has obtained previous sanction of the Central Government to proceed for Winding up the Company. 17.6 The Company also did not respond to the intimation of default sent by the Registrar of Companies. Further no one approached the Bench with any objection till date last heard on 07/04/2021. 17.7 The matter is taken up by this Bench earlier on 16.03.2020, 13.11.2020, 09.12.2020, 18.01.2021 and 23.02.2021. It is found that the notices sent to the Respondent Company by the Petitioner as well as by the Regist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Company. The Official Liquidator is to submit progress report every quarter starting the quarter ending June 2021 onwards and ensure that the winding up process is completed within one year from today i.e. on or before 02/05/2022. (b) The above Company is hereby restrained from disposing of its assets and properties; (c) The costs and incidental to the instant Petition are to be paid out of the proceeds of the assets and properties of the Company, Bhasank Foods Pvt. Ltd.; Winding up cost must not increase for delay if any, in completion of the entire Winding up process, (d) The Registry is directed to send the copy of this Order to the Liquidator attached to the Hon'ble High Court, Guwahati by speed Post and e-mail, if availa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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