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2018 (2) TMI 1267

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..... r. D.S. Mehta, shall preserve the Books of Account of the company for a period of 5 years from the date of the report. The Directors of the company shall pay office expenses of ₹ 10,000/- to the official liquidator for submitting present report within a period of three weeks from the date of intimation of the present order to them. - Official Liqudator Report No. 146 of 2017 - - - Dated:- 14-2-2018 - MR. C. L. SONI, J. For The Applicant : Ms Reeta Chandarana, Advocate For The Applicant : Official Liquidator ORAL ORDER 1. Following are the prayers made in the paragraph No.15 of the present report :- ( a) This Hon'ble Court may be pleased to take on record, the report of the Official Liquidator. ( .....

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..... iny of the record, it appears in connection with the company M/s. Kelur Investments Private Limited, (the company in voluntary winding up) that necessary in compliance of the provisions of the Section 497 of the Act and is made that the affairs of the company does not seem to have been conducted in a manner prejudicially to members of the company and to the public interest. She therefore submitted that the Court may consider the prayer for dissolution of company under Section 497 of the Act and direct the voluntary liquidators to pay expenses of ₹ 10,000/- to the official liquidator for filing report. 3. Paragraphs No.3 to 14 of the present report read as under : 3. That company has passed special resolution in extra ordinar .....

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..... Gazette publication Dated 07.03.2013 regarding appointment as Liquidator as per Rule 315 of Companies (Court) Rules, 1959. A copy of Government Gazette publication Dated 07.03.2013 is annexed herewith as Annexure-E. 8. That, the final statement of accounts of the Company was approved at the General Meeting of the Company which was held on 15.02.2014 in pursuance of Section 497 of the Companies Act, 1956 and the Voluntary Liquidator has filed the final statement of accounts of the Company in Firm Nos.156 157 as per Rule 329 and 331 of Companies (Court) Rules, 1959, respectively, for the period from 15.02.2013 to 31.03.2013 (i.e. the date of commencement of members' Voluntary Winding up to closure of Voluntary Winding up process .....

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..... 014. Copies of the Newspaper dated 08.01.2014 of JAI HIND and that Government Gazette dated 02.01.2014 are annexed hereto and marked as Annexure G (Colly.) 11. That, the Voluntary Liquidator has intimated to Income Tax, officer Ward 4(2), Ahmedabad by letter dated 28.02.2013 regarding appointment as Vol. Liquidators of the said company and to issue NOC but no reply received from the Income Tax, officer Ward 4(2), Ahmedabad. The Copy of letter Dated 28.02.2013 is annexed herewith and marked as Annexure H (colly) . 12. That, the Directors of the company as well as Voluntary Liquidators have furnished affidavits dated 14.06.2014, duly notarized, declaring that there are no outstanding dues to any Government Department and .....

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..... nd having considered the contents of the report with the documents annexed therewith especially liquidator's Statement of Account for the windup, finds that the prayers made for dissolution of the company could be granted in exercise of powers under Section 497 of Act. 5. In view of the above M/s. Kelur Investments Private Limited (the Company in voluntary windup) is order to be dissolved under Section 497 of the Act from the date of the report. However, the voluntary liquidators Ms. Gira Sarabhai, Mr. A.R. Mehta and Mr. D.S. Mehta, shall preserve the Books of Account of the company for a period of 5 years from the date of the report. The Directors of the company shall pay office expenses of ₹ 10,000/- to the official liquidato .....

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