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2017 (10) TMI 669

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..... he date of this order. The voluntary liquidator shall preserve the books of accounts of the Company for the period of 5 years from today. - Official Liqudator Report No. 93 of 2017 - - - Dated:- 9-10-2017 - MR. R.M.CHHAYA, J. For The Applicant : Mr Bhargav Hasurkar, Advocate For The Respondent : Mr Hr Prajapati, Advocate ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. By this report, the Official Liquidator has prayed as under a) This Hon'ble Court may be pleased to issue direction to the Vol.Liquidator for submitting the copy of publication of final meeting in Gazette. b) This Hon'ble Court may be pleased to direct to the vol.Liquidator to explain/clarify about the facts mentio .....

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..... 959, wherein it was declared that the debts in full will be paid by the company within three months from the date of commencement of the voluntary winding up. The record indicates that thereafter, the Extra Ordinary General meeting of the shareholders of the company was held on 14.02.2015 wherein special resolution was passed stating that the company be wound up, as provided under section 484(1)(b) of the Act wherein the respondent was appointed as liquidator of the Company at a remuneration of ₹ 35,000/. 6. The Official Liquidator has further brought on record that respondent Mr. Biren D. Shah gave notice under Rule 315 of the Companies (Court) Rules, 1959 and also filled up form no.152 for his appointment as Voluntary Liquidator .....

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..... ator has further contended that notice of final meeting of company was published in daily newspapers Western Times Both in Gujarat and English Edition of Ahmedabad on 27.03.2015 and with regard to publication of notice in official gazette declaration given by voluntary liquidator, respondent, it was contended that they are still awaiting receipt of copy of official gazette. 10. The official Liquidator has also contended that the Income Tax Department was also informed by the voluntary liquidator regarding his appointment as voluntary liquidator of the Company. No reply has been received from the Income Tax Department. The liquidator and Directors of the Company, however, have filed affidavits duly notarized on 04.01.2016 and 04.03.2016 .....

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