TMI Blog2019 (10) TMI 1446X X X X Extracts X X X X X X X X Extracts X X X X ..... notices of the Petitions, no one approached the Bench with any objection till date - Pursuant to the directions of this Tribunal, vide Order dated 10th June, 2019, the Petitioner has filed the affidavit of service affirmed on 31st August, 2019 evidencing newspaper publication of the notice of the Petition. The Company, Saradha Green Fields Nirman Private Limited, defaulted in filing the balance sheet and the Annual Return immediately preceding five or more consecutive financial years on and from 31st March, 2013. The Company also has not filed its Income Tax return after 31st March, 2012 and the Company is not functioning for more than five subsequent financial years. The Company also did not respond to the intimation of default sent by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax return after 31st March, 2012 and the Company is not functioning for more than five subsequent financial years. It is however pertinent to mention that Deputy Registrar of Companies, West Bengal in its notice dated 02.03.2019 issued under Section 272(3) of Companies Act, 2013 has also stated that affairs of the company had been conducted in a fraudulent manner as mentioned in the Provisions of Section 271(c) of the Companies Act, 2013 and the Petition for winding up was filed as per the provisions of Section 271(c)/(d) read with Provisio (I)and (2) of Section 272(3) of the Companies Act, 2013. Hence, this Petition is liable to be disposed of under Section 271(c)/(d), although in this application reference of Section 271(d) only ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affidavit of service affirmed on 31st August, 2019 evidencing newspaper publication of the notice of the Petition. 6. Section 271 States the circumstances in which the Company may be wound up by the Tribunal. Clause ( c ) and (d) of Section 271 provide that: (c) if on an application made by the Registrar or any other person authorised by the Central Government by notification under this Act, the Tribunal is of the opinion that the affairs of the company have been conducted in a fraudulent manner or the company was formed for fraudulent and unlawful purpose or the persons concerned in the formation of management of its affairs have been guilty of fraud, misfeasance or misconduct in connection therewith and that it is proper that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Official Liquidator for winding of the Company, Saradha Green Fields Nirman Private Limited, with direction to take possession of the assets and properties of the Company. The Official Liquidator to submit progress report within 180 days from the date of receipt of this Order, to this Authority; c) The above Company is restrained from disposing of its assets and properties; d) The costs and incidental to the instant Petition are to be paid out of the assets and properties of the Company, Saradha Green Fields Nirman Private Limited; e) A copy of this Order be sent to the Official Liquidator attached to the Hon'ble High Court, Calcutta ; 9. The Company Petitions CP No. 481/KB/2019 is, accordingly, disposed of. 10. Certifie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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