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TMI Blog2024 (7) TMI 1215X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the citation of the final winding up, and without further ado the same is allowed and such exemption from publication is granted. Further, the Official Liquidator is permitted to close the books of accounts of the company after adjusting expenses and losses from the CPL - the company is thereby dissolved and the Official Liquidator is discharged. Failure to file Statement of Affairs of the respondent company - Section 454(5) and 5(A) of the Companies Act, 1956 - HELD THAT:- The Official Liquidator has moved CO.APPL. 641/2023 under Section 481 of the Companies Act, 1956 seeking dissolution of the company (in liquidation) wherein it has been stated that the Official Liquidator has no knowledge of any other recoverable asset, either mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, the respondent company, its Directors, officers, employees, authorised representatives were restrained from selling, alienating, encumbering and parting with the possession of any movable and immovable assets and funds of the company. 4. It is apposite to note that on the basis of an undertaking by the respondent company to pay the petitioner bank a sum of Rs. 33 lacs towards full and final settlement of its dues, the earlier order dated 05.08.2011 was vacated by this court vide order dated 23.12.2011, and the Official Liquidator was discharged. However, the respondent company failed to make payments as per the settlement/undertaken given by it, whereafter an application bearing No. CO. APPL. 1504/2012 was moved seeking revival of the wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovementioned premises could not be taken as on visit by the officials of the Official Liquidator‟s office, it was found that the same were residential flats. With respect to the premises at serial No. (iv), it has been stated that the premises was locked, and a board of M/s Radhe Roadways was affixed at the shop, which was given on rent to the company (in liquidation) which apparently vacated in favour of the landlord. 8. With regards to other movable assets and funds of the company (in liquidation), it has been submitted that vide letter dated 08.11.2014, ICICI Bank, Surat Branch had informed that there are no funds available for remittance in the account of the company (in liquidation). A perusal of the record also shows that the Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quidator was directed to publish citations in newspapers. In compliance of the same, citations were published in the newspapers, namely The Statesmen‟ (English) and Veer Arjun‟ (Hindi Edition) on 20.10.2011 as well as in Delhi Gazette‟ on 20.10.2011. 12. As per the report of the Official Liquidator, it has been submitted that the funds position of the company is Rs. (-) 18,68,419/- as on 18.07.2023 and that the Official Liquidator is not seized of any assets either movable or immovable, from which any money might be recovered, and there are no more assets to be realised from the company (in liquidation). Thus, the Official Liquidator has opined that no useful purpose would be served by keeping this matter pending. 13. At t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be brought to an end. The Official Liquidator has sought to be exempted from carrying out the publication of the citation of the final winding up, and without further ado the same is allowed and such exemption from publication is granted. Further, the Official Liquidator is permitted to close the books of accounts of the company after adjusting expenses and losses from the CPL. CO. PET. 430/2009 16. The respondent company M/s. Manisha Parivahan (P) Ltd. is thereby dissolved and the Official Liquidator is discharged. 17. The Official Liquidator is permitted to close the books of accounts of the company. 18. A copy of this Judgment be communicated to the Registrar of Companies within 30 days by the Official Liquidator. CRL.O. (CO.) 3/2014 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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