9911796707
TMI Blog2023 (7) TMI 1493X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant: None For the Respondent : Ms Isha Khanna, Standing Counsel for OL. ORDER Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. This application has been filed by the Official Liquidator under Rule 9 of the Companies (Court) Rules, 1959 praying that GENESIS WELLNESS CLINIC PVT. LTD (IN LIQN) (hereinafter the Company ) be finally dissolved and the Official Liquidator, Delhi, (hereinafter OL ) be discharged as its liquidator. 3. It is stated in the application that the Company was ordered to be wound up provisionally by this Court vide order dated 27th July, 2016. The statutory notices under Section 454, 456 of the Companies Act, 1956 for filing of the Statement of Affairs and under Rule 130 of the Rules f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that as per the requirement of Section 454 of the Companies Act, 1956 the Ex-Directors filed the Statement of Affairs on 23rd August, 2016. However, as the Ex-directors had not handed over any records/books of account of the Company, the OL was unable to scrutinize the same properly. 6. In compliance of the order dated 27th July, 2016 of this Court, a team from this office visited the Regd. Office of the Company situated at 3A/50, 3rd Floor, W.E.A. Karol Bagh, New Delhi-110005. On reaching there, it was found that the building is in the residential locality and on the 3rd floor, the name plate Bhupender Kumar was displayed at the entrance door. Mr. Bhupender Kumar introduced himself as the owner of the premises. He informed the team that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the possession/ownership of Mr. Bhupender Kumar therefore he was asked to take care of the sealed premises. 7. It is submitted that the Clinic of the Company situated at F-11U-34, Pitampura, Delhi on 1st February, 2017 was also visited by the OL for taking over the possession of the same. On reaching there, the team found that a Clinic in the name and style of 'Gen. Next' was running there. The team entered the premises and met Dr. Kunal Kumar who stated that he is an employee of the Clinic Gen. Next which is a Proprietorship Firm and informed the team that Genesis Wellness Clinic Pvt. Ltd. had left the said premises in the year 2014. He also informed the team that the premises i.e, F-11U-34, Pitampura, Delhi is a rented premises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seful purpose will be served by inviting claims from the creditors as no funds are available in the account of the Company and there are no recoverable assets in the knowledge of the OL. 13. It is stated that after deduction of all liquidation expenses including, Audit Fee, Legal Expenses, Salaries, Govt. Commission etc. incurred by this office, the fund position of the Company is Rs. 23,749.00/- as on 16th June, 2023. It is submitted by the ld. Counsel for the OL that the abovesaid sum of Rs. 23,749/- may be permitted to be transferred to the Common Pool Fund maintained with the OL. 14. It is further submitted that the OL has no further assets either moveable or immoveable from which any money may be realized for the Company and therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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