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2017 (12) TMI 242

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..... 81 of the Act and the Official Liquidator is required to be discharged and relieved as Liquidator of the company. - Official liqudator Report No. 137 of 2017 In Official Liqudator Report No. 137 of 2017 - - - Dated:- 28-11-2017 - MR. C.L. SONI, J. For The Applicant : Mr Bhargav Hasurkar, Advocate ORAL ORDER 1. The present report is filed seeking dissolution of M/s. Shri Sainath Proteins Ltd. - the company (in liquidation) under Section 481 of the Companies Act, 1956 ( the Act ) and to discharge and relieve Official Liquidator as Liquidator of the company (in liquidation). 2. Paragraphs No.5 to 10, 13 to 16 and 18 of the report read as under: 5. That, in compliance of winding up order, the Official Liquidator had .....

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..... n of said premises. 8. That, the Official Liquidator had placed aforesaid facts before this Hon ble Court by way of filing report being Official Liquidator s Report No.54 of 2007. It is further most respectfully submits that this Hon ble Court has vide order dated 29.08.2007 passed in OLR No.54 of 2007, ratified the action of the Official Liquidator of not taking possession of Registered Office as well as Factory premises of the company in liquidation and also directed the Official Liquidator to invite claim under Section 529A of the Companies Act, 1956. A copy of order dated 29.08.2007 passed by this Hon ble Court in OLR No.54 of 2007 is annexed herewith marked as Annexure B . 9. That, in compliance of order dated 29.08.2007 .....

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..... Colly.). 14. That, the Official Liquidator most respectfully submits that in response of letter dated 05.10.2017, the Registrar of Companies, Gujarat vide its letter dated 25.10.2017 informed that they are having no objection if the company is dissolved by the Hon'ble High Court of Gujarat. A copy of letter dated 25.10.2017 is annexed herewith and marked as Annexure E . 15. That, the Official Liquidator most respectfully submits that Half Yearly Statement of Accounts of the aforesaid Company have already been filed with this Hon'ble High Court as required under Rule 298 of Companies (Court) Rules, 1959. 16. That, the Official Liquidator furthers submits that no information/details are available with the Officia .....

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..... d with winding up of the company (in liquidation) and, therefore, the Court may accept the present report and grant prayers made in the present report. 4. The Court, having heard learned advocate Mr.Hasurkar and having gone through the contents of the report with the certificate of the Chartered Accountant stating that as on 06.10.2017, there is Nil balance in cash, in Bank and in FDR in the name of the company and having considered that the Registrar of the company has given No Objection Certificate for finally winding up of the company, finds that the company having no assets / properties and left with no fund, there is no need for the Official Liquidator to further proceed with winding up of the company. 5. In view of the above, th .....

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