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2014 (7) TMI 18

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..... hri Vasudev Khatri, it has been pointed out that the complainant's mother was nominee of late Shri Vasudev Khatri and she had already transferred her shares on the basis of the Will dated 07.03.1999. For the facts and details narrated in the report of the Official Liquidator and taking into consideration the circumstances, this Court is unable to find any basis to proceed with the complaints earlier made in relation to the petitioner-company. On an overall comprehension of the record, this Court is satisfied that the affairs of the company cannot be said to have been conducted in a manner prejudicial to the interest of its members or to the interest of public - Company M/s. Ganga Printex Pvt. Ltd. shall stand dissolved - Decided in favo .....

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..... y winding up. 4. In this petition, resolution was ordered to be published in the Official Gazette as also in the newspaper. The petitioner made an application before this Court with the prayer that Mr. Akhil Phophalia, C.A. be appointed as the provisional Official Liquidator. The application was accepted and the Court appointed Mr. Phophalia as the provisional Liquidator for the purpose of completing the winding up proceedings and submitting the report before the Court. 5. Ultimately, the Official Liquidator has submitted his report under Section 497 of the Act read with Rule 9 of the Companies (Court) Rules, 1959 stating in detail the steps taken by the Voluntary Liquidator for convening the Extra-Ordinary General Meeting of the memb .....

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..... uidator in his report in the following: (10) That the Registrar of Companies, Rajasthan, Jaipur vide letter dated 21.07.2011 has forwarded a complaint of Shri Mahesh Khatri to the Official Liquidator, Jaipur for necessary action. The Official Liquidator vide letter dated 17.08.2011 has taken up the said complaint with Vol. Liquidator of the company with the copy of complaint of the said complainant. The Official Liquidator specifically desires to know whether the winding up proceedings completed by the Vol. Liquidator has been duly taken care the aforesaid objection made by the complainant. The Vol. Liquidator has submitted detailed reply vide his letter received in the office on 17.11.2011. On perusal of the said reply it is obs .....

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..... Shri Ashok Kumar, Advocate, Jaipur in the matter to the O/O Registrar of Companies and the same was also taken up with Vol. Liquidator by ROC-cum-OL on 04.01.2012. The reply of the Vol. Liquidator received in the O/O ROC/cum-OL on 16.01.2012 which is self explanatory and the aforesaid letter is submitted herewith for kind perusal and marked as Annexure-G Collectively. On perusal of above reply it is observed that the complainant's mother who is the nominee of Late Shri Vasudev Khatri has already transferred her shares on the basis of Will dated 07.03.1999 and after his death on 13.03.1999 he has been removed from the Director ship of the company and in this regard Form No.32 filed with the Registrar of Companies. Further the complainan .....

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