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2022 (7) TMI 610

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..... 2020 - - - Dated:- 6-7-2022 - Rohit Kapoor , Member ( J ) And Harish Chander Suri , Member ( T ) For the Appellant : Jit Ray and Niladri Khanra , Advs . ORDER Harish Chander Suri , Member ( T ) 1. This court convened via video conference today. 2. This is a Company Petition filed under section 59 of the Insolvency Bankruptcy Code, 2016 (hereinafter called the Code ) by a Corporate person, viz., Aneja Food Products Private Limited (CIN : U15200BR2011PTC016849) (Petitioner/Corporate Person) through Mr. Rajesh Dhawan, Liquidator, for Voluntary Liquidation of the Petitioner/Corporate person. 3. The Petitioner/Corporate Person was incorporated on 18.04.2011 under the provisions of the Companies Act, 1956 as a private .....

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..... inue its business activities in the long run. The company is a compliant company and does the annual statutory filings with the Registrar of Companies, Bihar on regular basis. Since the Corporate Person is not carrying on business activities for the last five years and more, therefore the management thought it fit to liquidate the company voluntarily. 7. Accordingly, the Board of Directors of the Corporate Person, at its meeting held on 05.06.2019, resolved to liquidate the Corporate Person voluntarily under section 59 of the Code. The board resolution is appended as Annexure A/3 at page no. 131 to 136 of the petition. Procedural compliances 8. It is submitted that the Directors of the Corporate Person have as per section 59(3)(a) .....

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..... aid EGM is annexed to the Affidavit as Annexure A/5. 12. The Liquidator made a public announcement of the commencement of liquidation in Form A of Schedule I as per regulation 14 of Insolvency Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 in Business Standard in English and in Business Standard in Bengali on 15.07.2019 inviting the submission of claims due from the Corporate Person by various stakeholders. Copies of newspaper cuttings are annexed to the Petition as Annexure A/8 on page 173 to 175. The aforesaid public announcement was also submitted to the Insolvency and Bankruptcy Board of India (IBBI) and was hosted on the IBBI's website on the said date. 13. The Corporate Person notified the Regi .....

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..... ry dues were paid in full. 18. Further, in compliance with the order dated 04.02.2020 of this Adjudicating Authority, the petitioner has published notice of the instant petition in Business Standard in English and Anand Bazaar Patrika in Bengali on 28.02.2020. An affidavit dated 03.03.2020, to that effect, was submitted by the petitioner. Thereafter, this Adjudicating Authority, vide order dated 11.05.2022 allowed the petitioner to rectify the defect in the affidavit filed by it. Accordingly, a defect-free affidavit dated 03.06.2022 has been submitted by the petitioner. 19. On hearing the submissions made and perusing the documents annexed to the petition, it appears that the affairs of the Corporate Person have been completely wound .....

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