9911796707
TMI Blog2021 (6) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... the assets of the company with all powers conferred under the Companies Act, 1956. 2. The report indicates that consequent upon winding up order passed by this Hon'ble Court, the Official Liquidator deputed his Official at the Office of Registrar of Companies, Gujarat, Ahmedabad to inspect the records of the said company maintained by the office of the Registrar of Companies, Gujarat to find out the assets and properties, liabilities, address of Registered Office, factory premises, Secured Creditors, and names and addresses of the Directors, as on the date of winding-up order. 3. The Official Liquidator, on being appointed, has caused search before the office of the Registrar of Companies, wherein it was revealed that the registered offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 06.2007 in terms of the order dated 16.03.2007 passed by this Hon'ble Court in Company Application No. 661 of 2006 and in terms of the order dated 29.03.2010 passed by this Hon'ble Court in Company Application No. 19 of 2010, the sale of godown situated at Survey No. 613/1/2A, Chhatral, Tal. Kalol has been confirmed for a sale consideration of Rs. 34,10,000/-. The auction was conducted by SIDBI and the Official Liquidator was directed to handover the said godown to the purchaser on condition that the SIDBI shall deposit the entire amount of the sale consideration with the Official Liquidator. Accordingly, the SIDBI has deposited an amount of Rs. 34,26,816/- with the office of the Official Liquidator vide letter dated 21.04.2010 and possess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Liquidator has also stated that the ex-director has filed statement of affairs on 08.10.2002. There are only 139759/- amount of funds available in the Company's Bank Account as on 31.08.2020. It is further stated in the report that there was no claim is pending with the Official Liquidator for the company in liquidation. It is also stated by the Official Liquidator that no information/details of the company are available except as provided in the preceding paragraphs of the report and therefore the Official Liquidator proposes dissolution of the company. 6. The Official Liquidator, relying upon the provisions of Section 481 of the Act, has contended that it is not possible to proceed with the winding up for want of fund and assets. Rely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stances, it is not possible for the Official Liquidator to further carry out the proceedings of winding up. The Official Liquidator has also contended that even after the order of dissolution that may be passed by this Court as provided under Section 559 of the Act, the period of 2 years is available for anybody to raise the objection and file an appropriate proceeding before this Court. 8. The Official Liquidator, relying upon the auditor's certificate dated 02.09.2020, has contended that only Rs. 139759/- funds available is in the Bank Account of the Company. Moreover, there is no assets of the Company in liquidation are available. In light of the aforesaid, it is therefore submitted that the report may be accepted and appropriate or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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