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2019 (10) TMI 1446 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATA BENCHWinding up proceedings - allegation is that Company committed default in filing with the Registrar of Companies, West Bengal, its financial statements or annual returns for immediately preceding five or more consecutive financial years on and from 31st March, 2013 - Section 271 (d) of the Companies Act, 2013 - HELD THAT:- Upon filing of this Petition, this Tribunal, had directed the Petitioner for publication of notice of the Petition in newspapers, calling upon objections from any interested person against the proposed order of winding up. In spite of due publication of notices of the Petitions, no one approached the Bench with any objection till date - Pursuant to the directions of this Tribunal, vide Order dated 10th June, 2019, the Petitioner has filed the affidavit of service affirmed on 31st August, 2019 evidencing newspaper publication of the notice of the Petition. The Company, Saradha Green Fields Nirman Private Limited, defaulted in filing the balance sheet and the Annual Return immediately preceding five or more consecutive financial years on and from 31st March, 2013. The Company also has not filed its Income Tax return after 31st March, 2012 and the Company is not functioning for more than five subsequent financial years. The Company also did not respond to the intimation of default sent by the Registrar of Companies - the the Companies were formed for fraudulent and unlawful purpose. The Promoters/directors of all the Companies appeared to be guilty of offences of fraud, misfeasance and misconduct relating to the affairs of the Companies. The Company, Saradha Green Fields Nirman Private Limited, is wound up under the provisions of Section 271(c)/(d) of the Companies Act, 2013 - application allowed.
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