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TMI Blog2022 (7) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... 03.05.2021: "14. The ROC, Guwahati has filed the present Petition seeking the following relief/s: (a) The Respondent Company be wound up under the provisions of Section 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. 16. In order to have the clarity about the provisions under which this Petition is filed, it is essential to reproduce here the relevant provisions of the Companies Act for passing an appropriate Order. Clauses (c) and (d) of the Section 271 of the Companies Act states the circumstances in which the Company may be wound up by the Tribunal. "(c) If on an application made by the Registrar or any other person authorised by the Central Government by notification under this Act, the Tribunal is of the opinion that the affairs of the company have been conducted in a fraudulent manner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Griha Developers 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 Griha Developers Pvt. Ltd., with directions to take immediately the possession of the assets and properties along with the books of Accounts of 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, Sar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... educational institutes, place of worship, conference rooms, library, dairy farms, agro projects and all kinds of movable as well as immovable properties and completion of all sorts of projects relating to civil, electric, mechanical, electronics and telecommunication engineering, agriculture, estate management, negotiation, education, hospital, sports etc. and to carry on the business of purchase, sale of building materials, constructions, development, creations, expansions, designs, modernization, management and maintenance of infrastructure projects and roads, water, waterways, flyovers, airports, ports, railways, environmental engineering and management, sanitation, sewerage disposal, industrial estates, townships, industrial parks, footpaths, biotechnology parks, nursery business, printing press, advertising agencies, clinical laboratories, diagnostics centers, hospitals, nursing homes or any other facilities of similar nature and to act as consultants, advisor, agents, maintenance, security services and to mobilize resources and to arrange both Government sectors participations for development of infrastructure projects, either on its own or in agreements, arrangements, assoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... back undelivered with postal remarks "LEFT". Copy of such intimation is annexed with the Application. 2.11 The official representative of the Office of the Official Liquidator had visited the registered office of the company for physical verification which is addressed at 'Shanti Place, 3rd Floor, Bora Service, Opp. Khalsa Pariwar, G. S. Road, Paltan Bazar, Guwahati, Kamrup 781 007 on 28.09.2021 for physical verification of registered office and taking possession of the subject company (in liquidation). After reaching 3rd floor of the building they enquired about the company from the persons/offices at 3rd floor of the building and they informed that such company had closed their office since long. The physical verification report of the registered office of the said company is annexed with the Application. 2.12 On physical verification of the registered office of the said company, it was found that the company had closed their office since long and no assets was found at the registered office. 2.13 The Applicant/Official Liquidator has sent letters dated 02.03.2022 to the Chief Secretary of Government of West Bengal, the Chief Secretary of Government of Assam and Financial Int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal may, after hearing the Company Liquidator and any other person to whom notice may have been ordered by the Tribunal, upon perusing the account as audited make such orders as it may think fit as to the dissolution of the company, the application subject to the provisions of the Act, of the balance in hand of the Company Liquidator the payment thereof into the Company Liquidation Dividend and Undistributed Assets Account, and the disposal of the books and papers of the Company and of the Liquidator. 3. In view of the aforesaid submissions, the Official Liquidator prays that: i. The report of the Official Liquidator may kindly be taken on record. ii. The Official Liquidator could not find any assets of the Company (in liquidation) and no Directors of the company (in liquidation) are cooperating in winding up proceedings. Necessary Order (s) as deem fit and proper may kindly be passed in this case. ORDER 4. Heard the Official Liquidator in details, perused the documents submitted and submissions made. It is observed that: 4.1 The Respondent Company in Liquidation incorporated on 24.01.2011 does not have any commercial operation after 2012. The last Balance Sheet was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies Act, 2013. No one has come forward against the winding up of the Company. Hence, the process under the provisions of Section 302(2) of the Companies Act, 2013 is deemed to have been completed and thus it is just, proper and reasonable in the circumstances of the case for the Tribunal to dissolve the company. We are satisfied that it is a fit case for dissolving the company without incurring further expenses and loss of time. 5. Hence, the Tribunal in exercise of powers conferred under Sub Section (2) of Section 302 of the Companies Act, 2013, the Company in Liquidation i.e., "M/s. Saradha Griha Developers Private Limited" is ordered to be dissolved with effect from the date of this Order i.e. 21.06.2022. 6. The Registry is directed to forward the copy of the Order to the Registrar of Companies, NER, Guwahati, immediately who shall record in the register relating to the Company a Minute of the Dissolution of the Company. The Official Liquidator is also directed to forward a copy of the Order to the Registrar, NER, Guwahati who shall record in the register relating to the Company a Minute of the Dissolution of the company. 7. Accordingly, IA (Comp. Act) No. 27/GB/2022 in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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