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2022 (4) TMI 1166

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..... acturers Private Limited to pay ₹ 7,500/- towards cost for submitting this report to the office of Official Liquidator. Report is disposed off. - R/Official Liqudator Report No. 112 of 2020 - - - Dated:- 20-4-2022 - Honourable Mr. Justice Bhargav D. Karia For the Applicant(s) : Mr Pathik M Acharya For the Respondent(s) : Dhara P Bhatt, Mr. Parth H Bhatt ORAL ORDER 1. Heard learned advocate Mr. Pathik M. Acharya for the Official Liquidator and learned Advocate Ms. Dhara P. Bhatt with learned Advocate Mr. Parth H. Bhatt for the respondent. 2. This report is filed seeking following reliefs: (a) This Hon ble Court may be pleased to take on records, the report of the Official Liquidator. .....

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..... ed to be held as per the provisions of Section 497 of the Companies Act, 1956, is yet to be held by the liquidator of the company in liquidation. Accordingly, the Official Liquidator issued a letter dated 17.03.2020 to the voluntary Liquidator to hold the meeting of the company in liquidation as per Section 497 and to submit a report to the Office of the Official Liquidator. 3.1.After conducting final meeting, the Voluntary Liquidator submitted necessary documents to the Office of the Official Liquidator on 31.07.2020 and the said documents have been scrutinized by the Office of the Official Liquidator for submitting a report in terms of Section 497(6) of the Companies Act, 1956 on the basis of the information derived from those record .....

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..... ndian Express in English language on 02.08.2014 in Ahmedabad edition and in Official Government Gazette on 07.08.2014. 3.6.The final statement of accounts of the Company were approved at the General Meeting of the Members of the company in liquidation which was held on 31.07.2020, in compliance of the provisions of Section 497 of the Companies Act, 1956 and the Voluntary Liquidator also filed the financial accounts of the Company in Form No. 156 and in Form No. 157 as per Rule 329 and 331 of Companies (Court) Rules, 1959, respectively, for the period from 30.07.2014 to 15.06.2020 (i.e. the date of commencement of Members Voluntary Winding up process to closure of Winding up process of the Company). 3.7.According to the Official L .....

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..... dation, the surplus amount of ₹ 3,04,57,651/- has already been divided amongst the members. The details of payment of dividend and the distribution of tax paid are as under: Surplus Amount Particulars Distributed Amount (Rs) 3,04,57,651/- Dividend to Contributories 16,97,258/- Dividend Distribution Tax 40,23,418/- Dividend to Contributories 2,37,36,975/- Return to Capital 10,00,000/- Total .....

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..... Mukesh Rampushottam Agarwal (Nominee of Pine Spring Organizers LLP) (Now known as HN Safal Realtech LLP) 20, Basant Bahar Bungalows, Nr. Purshottam Nagar Bust Stop, Daskroi, Bopal, Ahmedabad- 380058, Gujarat. 6. Sandip Rampushottam Agarwal (Nominee of Pine Spring Organizers LLP) Govindnivas, Nr. Panchvati Auto Services, Karnavati Club, S.G. Highway, Ahmedabad - 380055, Gujarat 1 7 Trilokchand Givindram Agarwal (Nominee of Pine Spring Organizers LLP) (Now known as HN Safal Realtech LLP) Amaltas Plantation Bungalow, Sarkhej Highway, Ahmedabad - 380 055, .....

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..... 3.13. The office of the Official Liquidator issued letter dated 10.06.2020 to the Registrar of Companies, Gujarat, for issuance of NOC in the aforesaid matter. In response to the aforesaid letters dated 10.06.2020, the office of the Registrar of Companies issued NOC in the said matter vide letter dated 31.07.2020, mentioning therein that This office has no objection for finally Winding up the subject Company provided that the liabilities, if any of the Company that may arise subsequently for which Company s Directors shall be held liable. 3.14. The Voluntary Liquidator also furnished form no. 153 154, which are required to be filed with the office of Registrar of Companies, to the Office of the Liquidator as per the provisions of .....

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