TMI Blog2022 (7) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the company. But, it was found that the company had closed the office long back. Hence, he could not find anything in the office. There is no realizable value of the Respondent Company in Liquidation to recover. There would be no useful purpose to continue with the process of liquidation of the Respondent Company in Liquidation under the provisions of Companies Act, 2013. No one has come forward against the winding up of the Company. Hence, the process under the provisions of Section 302(2) of the Companies Act, 2013 is deemed to have been completed and thus it is just, proper and reasonable in the circumstances of the case for the Tribunal to dissolve the company. The Tribunal in exercise of powers conferred under Sub Section (2) of Section 302 of the Companies Act, 2013, the Company in Liquidation i.e., M/s. Saradha Griha Developers Private Limited is ordered to be dissolved with effect from the date of this Order i.e. 21.06.2022 - Application allowed. - IA NO. (Companies Act) 27/GB/2022 In C. P. NO. 21/GB/2019 - - - Dated:- 21-6-2022 - Hon ble Shri Rohit Kapoor, Member (J) And Hon ble Shri Prasanta Kumar Mohanty, Member (T) NONE Applicant ROC Present i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is observed from the papers, documents made available and the submission of the Petitioner that - 17.1 The Company, Saradha Griha Developers Pvt. Ltd., defaulted in filing the balance sheet and the Annual Return immediately preceding five or more consecutive financial years as on and from 31st March, 2013 with the ROC. 17.2 The company has also not filed its Income Tax return after 31st March, 2012 17.3 The Company is not functioning for more than five subsequent financial years. 17.4 The affairs of the other group of companies were fraudulently carried on which is reportedly known pursuant to the report of SFIO. 17.5 The petitioner has obtained previous sanction of the Central Government to proceed for Winding up the Company. 17.6 The Company also did not respond to the intimation of default sent by the Registrar of Companies. Further no one approached the Bench with any objection till date last heard on 07/04/2021. 17.7 The matter is taken up by this Bench earlier on 16.03.2020, 13.11.2020, 09.12.2020, 18.01.2021 and 23.02.2021. It is found that the notices sent to the Respondent Company by the Petitioner as well as by the Registry came ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the present IA, the submissions of the Applicant/ Official Liquidator are that: 2.1 The Respondent Company Saradha Griha Developers Private Limited (in liquidation) was ordered to be wound-up vide order dated 03.05.2021 of this Bench and the Official Liquidator was appointed as its Liquidator. 2.2 The Company was incorporated on 24.01.2011 in the name Saradha Griha Developers Private Limited, bearing CIN No. U45209AS2011PTC010370. As per the Master Data available in MCA Portal, the registered office of the company is situated at Shanti Place, 3rd Floor, Bora Service, Opp. Khalsa Pariwar, G. S. Road, P. S. Paltan bazar, Guwahati 781007, Assam. Copy of the Master Data of the Company (in liquidation) is enclosed with the Application. 2.3 As per the last Balance Sheet filed on 31.03.2012, the Authorized Share Capital of the company is Rs. 5,00,000.00 (Rupees Five lac only) divided into 50,000 shares of Rs. 10.00 (Rupees Ten only) each and the paid up Share Capital of the company is Rs. 1,00,000.00 (Rupees One lac only) divided into 10,000 shares of Rs. 10.00 (Rupees Ten only) each. 2.4 The main object of the company in Memorandum of Association is as under: To carry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upta, resident of Malancha Krishtofar School Area, Kharagpur Town, Paschim Medinipur, Kharagpur 721304, West Bengal bearing DIN 02749631 are the Directors of the Company appointed with effect from 24.01.2011. 2.6 As per Annual Return of the Company filed on 31.03.2012, Sudipta Sen is holding 9,900 nos. of shares with face value of Rs. 10.00 (Rupees Ten only) being 99% shareholding and Debika Dasgupta is holding 100 nos. of shares with face value of Rs. 10.00 (Rupees Ten only) being 1% shareholding and the total face value is Rs. 1,00,000.00 (Rupees One lac only). 2.7 As per the MCA Portal, the Company had filed Balance Sheet and Annual Return up to 31.03.2012. Copy of such Balance Sheet as at 31.03.2012 has been annexed with the Application. 2.8 As per the MCA Portal, the total assets and liabilities of the company as at 31.03.2012 is at Rs. 64,556.00.00 (Rupees Sixty-Four Thousand Five Hundred Fifty-Six only and as at 31.03.2011, the same is Rs. 74,282.00 (Rupees Seventy-Four Thousand Two Hundred Eighty-Two only). The Equity Liabilities of the company are shown at Rs. 64,556.00.00 (Rupees Sixty-Four Thousand Five Hundred Fifty-Six only) as at 31.03.2012 and Rs. 74,282.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00.00 (Rupees Twenty-Four Thousand only), cash and cash equivalent of Rs. 2,556.00 (Rupees Two Thousand Five Hundred Fifty-Six only), and short term loans and advances of Rs. 38,000.00 (Rupees Thirty-Eight thousand only) comprising the total assets of Rs. 64,556.00 (Rupees Sixty-Four Thousand Five Hundred Fifty-Six only). The source of funds of above, is out of Paid Up Capital of Rs. 1,00,000.00 (Rupees One lac only). As per Profit Los Account filed for the FY ended as on 31.03.2012, the company had not earned any revenue from operation and other source. 2.15 No Statement of Affairs have been filed by the directors of the company (in liquidation) till date. A reminder letter has been sent to the directors of the (in liquidation) on 28.04.2022. Copy of such letter addressed to the directors is annexed with the Application. 2.16 As per the last Balance Sheet as at 31.03.2012 filed with MCA Portal, the Company had neither taken any deposits from the public nor taken any loans from any Bank/Financial Institutions/other sources. There are no charges existing in the name of the company (in liquidation) in MCA System. Copy of the Master Data showing charges details is already encl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Twenty-Six only). Practically the company was in operation only for a year or so and there is no asset to liquidate belonging to the company. The liquidation value of the company is NIL. 4.2 The Official Liquidator has sent winding up order to the Company but the letter was returned undelivered with a postal remark Left . His representative had also visited the Registered Office of the Company at Paltan Bazar, Guwahati for physical verification and taking possession of the assets of the company. But, it was found that the company had closed the office long back. Hence, he could not find anything in the office. 4.3 There is no realizable value of the Respondent Company in Liquidation to recover. 4.4 The Official Liquidator has also sent one letter to the Chief Secretary to the Govt. of West Bengal and the Chief Secretary to the Govt. of Assam and to the Financial Intelligence Unit (FIU) of the Ministry of Corporate Affairs requesting them to give information about the assets of the company. But, he has not received any information till date. It is also reported that as per the Balance Sheet, the company has not taken any deposit from the public and no loan was taken from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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