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S.S. Technologies Versus N.G. Technologies Ltd.

2017 (9) TMI 751 - DELHI HIGH COURT

Dissolution of the company - liquidation proceedings in progress - Held that:- The fund position of the Company is ₹ 1,51,735-75 as on 30.06.2017 which is barely sufficient to meet the Liquidation Expenses as Govt. Commission, Income Tax, audit fee etc, hence, the Official Liquidator is not in a position to admit the claims as stated above. The Income Tax Department did not file its claim and the claim of other authorities namely Central Excise Department, Nehru Place, and Noida also could .....

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may be sent to the Registrar of Companies by the OL within time prescribed as per law. The OL shall close the books of accounts of the company in liquidation. - CO.PET. No.314/2009 & CA No. 1441/2017 - Dated:- 31-8-2017 - MR. YOGESH KHANNA J. Petitioner Through: None Respondent Through: Mr. Adil Khan, Adv. for Mr. Rishi Manchanda, standing counsel for OL Mr. Tanuja Sharma, Adv. YOGESH KHANNA, J. 1. This application (CA No.1441/2017) is under Section 481 of the Companies Act filed on behalf of th .....

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tion was duly published in Jansatta (Hindi) and Statesman (English) on 25.06.2011 as well as in Delhi Gazette on 30.06.2011. 3. As per record maintained by the Registrar of Companies, the Registered Office of the Company (In Liqn.) was situated at 31, Basement ,Nangli, Rajapur, Nizamuddin (East), New Delhi. It was taken on rent by the company and was vacated by it in the month of July, 2007. The records of the Company alongwith other miscellaneous articles belonging to the Company (In Liqn.) wer .....

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he team of the officials of the Official Liquidator, visited the following premises to take over the possession of the assets and record of the Company (In Liqn.): a) B-249, Okhla Industrial Area, Phase-I, New Delhi-110020 - As per minutes dated 17.06.2010 the aforesaid premises had already been sold by the Company (In liquidation) to Mis Saf Lift Conductor Private Limited on 06.10.2005. Currently, Mis Speed Age Engineering Private Limited has taken the said premises on rent from Mis Saf Lift Co .....

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Ganj, New Delhi-ll0002 - As per minutes dated 02.06.2010 the team could not locate the Company (In Liquidation) at the address. However, the following companies were found running their business at the aforesaid address:- i) C.S. Graphics in the Ground floor ii) Samaya Noa Private Limited at the first floor iii) S.G. Publications Private Limited at Second floor 6. It is submitted that as per records, maintained by the Registrar of Companies, the following are ex-directors of the Company (In Liq .....

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s/property/records and books of accounts of the Company (In Liqn.) and to appear before the Official Liquidator on 29.6.2010 and 30.6.2010 for the purpose of recording their Statement under Rule 130 of the Companies (Court) Rules, 1959. 8. The following ex-directors have got their statements recorded under Rules 130 of the Companies (Court) Rules, 1959 :- i) Shri Pradeep Nanda recorded on 15.07.2010 ii) Shri. Mahesh Nanda recorded on 15.07.2010 iii) Shri Virender Pahuja Replied vide letter dated .....

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stating interalia that there are no criminal proceedings pending against the ex-directors of the Company (In Liquidation). It was also informed by them that the company does not own any fixed assets in its name and that they did not have any record of any moveable or immoveable assets of the Company (in Liqn.). 11. In response to letter/notices issued to 9 debtors of the Company this office had realized an amount of ₹ 1,29,448/- from 3 debtors namely Preeti Electronics, Batra Electronics a .....

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laims was 08.12.2011, however no claims were received by the Official Liquidator. 13. The Income Tax Department had imposed an amount of ₹ 2,33,07,349/- as tax to be recoverable from the Company (In Liquidation), alongwith penalty. However, upon an appeal being preferred by the Company (In Liquidation ), the ITAT vide its order dated 28.01.2010 had set aside the said assessment/penalty. The Income Tax Department had filed an appeal being ITA 82 of 2012 against the order dated 28.01.2010 pa .....

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alongwith a copy of order for condoning the delay in filing the Claim from the Court so that their claim can be adjudicated. The letter was returned undelivered with postal remark Incomplete Address . 15. The aforesaid letter was again sent to Income Tax Department on 28.10.2015, through Process Server Shri Madan, but he could not deliver the same and reported that no such company exists in ward No. 13(4) Room No. 219, Central Revenue Building, I.P. Estate, New Delhi. The Income Tax Department .....

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