9911796707
TMI Blog2019 (10) TMI 1446X X X X Extracts X X X X X X X X Extracts X X X X ..... Company committed default in filing with the Registrar of Companies, West Bengal, its financial statements or annual returns for immediately preceding five or more consecutive financial years on and from 31st March, 2013. It is also stated that the from the available records of the company, it was found that the company has very meagre liabilities and assets based on the last balance sheet filed. So, the Company is liable to be wound up by this Tribunal under the relevant provisions of Section 271 (d) of the Companies Act, 2013. The Company also has not filed its Income Tax return after 31st March, 2012 and the Company is not functioning for more than five subsequent financial years. It is however pertinent to mention that Deputy Registrar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure "E". 3. Heard the Ld. Counsel for the petitioner. Perused records. 4. Upon filing of this Petition, this Tribunal, vide its Order dated 10th June, 2019, had directed the Petitioner for publication of notice of the Petition in newspapers, calling upon objections from any interested person against the proposed order of winding up. In spite of due publication of notices of the Petitions, no one approached the Bench with any objection till date. 5. Pursuant to the directions of this Tribunal, vide Order dated 10th June, 2019, the Petitioner has filed the affidavit of service affirmed on 31st August, 2019 evidencing newspaper publication of the notice of the Petition. 6. Section 271 States the circumstances in which the Company may be wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Companies appeared to be guilty of offences of fraud, misfeasance and misconduct relating to the affairs of the Companies. 8. Hence, we hold that the Company, Saradha Green Fields Nirman Private Limited, is required to be wound up by this Tribunal and hence, we pass the following Order : ORDER a) The Company, Saradha Green Fields Nirman Private Limited, is wound up under the provisions of Section 271(c)/(d) of the Companies Act, 2013 : b) The Official Liquidator attached to the Hon 'ble High Court, Calcutta is appointed as the Official Liquidator for winding of the Company, Saradha Green Fields Nirman Private Limited, with direction to take possession of the assets and properties of the Company. The Official Liquidator to sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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