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TMI Blog2021 (9) TMI 740X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner. The order is hereby passed for winding up of the Company, Saradha Build Creation Pvt. Ltd., under the provisions of Section 271(c) and (d) of the Companies Act, 2013 - Application allowed. - CP No. 30/GB/2019 - - - Dated:- 3-5-2021 - Hari Venkata Subba Rao, Member (J) And Prasanta Kumar Mohanty, Member (T) For the Appellant : Mohd. Shakeel, Dy. Director ORDER Hari Venkata Subba Rao, Member (J) 1. 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), (d) and 272(3) of the Companies Act, 2013 for winding up the Respondent Company as sanctioned by the Ministry of Corporate Affairs, Government of India /Regiona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i, 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 contents of the postal authorities are annexed hereto and collectively marked with letter as C . 8. The Petitioner submits that the Respondent Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 14. The ROC, Guwahati has filed the present Petition seeking the following relief/s: (a) The Respondent Company be wound up under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ose 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 Build Creation Pvt. Ltd., defaulted in filing the balance sheet and the Annual Return immediately preceding five or more consecutive financial years as on and from 31st March, 2013 with the ROC. 17.2 The company has also not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 Build Creation 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, Guwahati is appointed as the Liquidator for winding of the Company, Saradha Build Creation Pvt. Ltd., with di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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