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2022 (7) TMI 102 - NATIONAL COMPANY LAW TRIBUNAL , GUWAHATI BENCHSeeking winding up the Respondent Company - Section 271 (c), (d) and 272(3) of the Companies Act, 2013 - HELD THAT:- The Respondent Company in Liquidation incorporated on 24.01.2011 does not have any commercial operation after 2012. The last Balance Sheet was filed on 31-03-2012 and thereafter there was no operation and the company has not filed any Balance Sheet. Paid up share capital of the Respondent Company in liquidation was only Rs. 1,00,000.00 and the Balance Sheet filed as on 31.03.2012 suggests that there is a loss of Rs. 9,726.00. Practically the company was in operation only for a year or so and there is no asset to liquidate belonging to the company. The liquidation value of the company is NIL. The Official Liquidator has sent winding up order to the Company but the letter was returned undelivered with a postal remark “Left”. His representative had also visited the Registered Office of the Company at Paltan Bazar, Guwahati for physical verification and taking possession of the assets of the company. But, it was found that the company had closed the office long back. Hence, he could not find anything in the office. There is no realizable value of the Respondent Company in Liquidation to recover. There would be no useful purpose to continue with the process of liquidation of the Respondent Company in Liquidation under the provisions of Companies Act, 2013. No one has come forward against the winding up of the Company. Hence, the process under the provisions of Section 302(2) of the Companies Act, 2013 is deemed to have been completed and thus it is just, proper and reasonable in the circumstances of the case for the Tribunal to dissolve the company. The Tribunal in exercise of powers conferred under Sub Section (2) of Section 302 of the Companies Act, 2013, the Company in Liquidation i.e., “M/s. Saradha Griha Developers Private Limited” is ordered to be dissolved with effect from the date of this Order i.e. 21.06.2022 - Application allowed.
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