2019 (12) TMI 1356

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..... gainst the Order dated 16th day of December, 2019 is required. Perused record, Order stands corrected under Rule 154 of National Company Law Tribunal Rules, 2016. 2. This petition i.e. TP No. 97/CTB/2019 arising out of CP No. 270/KB/2019 is filed under Section 271 & 272 of the Companies Act, 2013 by M/s. Sainik Mining and Allied Service Limited. The first respondent Company was incorporated on 30.01.2014 under the Companies Act, 1956. This petition has been taken out for winding up of 01st respondent company. 3. This petition i.e. TP No. 244/CTB/2019 arising out of COPET No. 46 of 2019 is filed under Section 433, 434 & 439 of the erstwhile Companies Act, 1956 by M/s. The Odisha Mining Corporation Limited for winding up of the 01st respond .....

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..... y OMC on the advice of Government of Odisha. The petitioner herein, M/s. Sainik Mining and Allied Services Ltd. challenged the order of termination before the Hon'ble High Court of Orissa vide WP (C) No. 19139 of 2012. 8. The first respondent Company was struck off by the Order of ROC, Odisha dated 21.06.2017 under Section 248 (5) of the Companies Act, 2013. 9. The Hon'ble Supreme Court of India in its Order dated 24.09.2014 in WP (CRL) 120 of 2012 cancelled allocation of all coal blocks including Utkal- D allotted in favour of OMC. Since the first respondent Company i.e. KCMPL was struck off and dissolved by ROC vide Gazette Notification dated 22-28 July, 2017 under Section 250 of Companies Act. Hence, this application has been f .....

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..... Ltd. has only two shareholders, namely, M/s. Sainik Mining and Allied Services Ltd. in TP No. 97/CTB/2019 and M/s. Odisha Mining Corporation Ltd. in TP No. 244/CTB/2019. 11. The submissions of all the parties were heard and documents perused. We are of the view that it is just and equitable to order winding up of the 01st respondent company. 12. In order to have proper Adjudication, we direct Official Liquidator to publish notice of these applications in one English and one Oriya language daily newspaper having wide circulation in the area where Registered Office of the Company is situated. The record of the ROC makes a clear that the Companies have not filed the Financial Statement/Annual Report Returns with ROC for the last five years. .....

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