9911796707
TMI Blog2022 (7) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... son) through Mr. Rajesh Dhawan, Liquidator, for Voluntary Liquidation of the Petitioner/Corporate person. 3. The Petitioner/Corporate Person was incorporated on 18.04.2011 under the provisions of the Companies Act, 1956 as a private limited company with the Registrar of Companies, Bihar and Jharkhand. The registered office of the Petitioner/Corporate Person is situated at Vill. Parmanand Pur P.O Purkhauli Vaishali, Bihar- 844121. Therefore, this Bench has jurisdiction to deal with the present petition. 4. The main objects of the Corporate Person as set out in the Memorandum of association are inter alia, to carry on the business of manufacturers, buyers, sellers, agents, merchants, importers and exporters of all kinds of milk and milk pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 of the Code. The board resolution is appended as Annexure A/3 at page no. 131 to 136 of the petition. Procedural compliances 8. It is submitted that the Directors of the Corporate Person have as per section 59(3)(a) of the Code, approved the Declaration of Solvency and resolved to wind up the company at the Board meeting held on 05.06.2019. The Directors have declared that they have made full inquiry into the affairs of the Corporate Person and are of the opinion that the Corporate Person has no assets, debts and liabilities, and the Corporate Person is not being liquidated to defraud any person. 9. It has been mentioned that subsequent to 31 March 2019, there has been no change in the share capital of the company till the date of fili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The aforesaid public announcement was also submitted to the Insolvency and Bankruptcy Board of India (IBBI) and was hosted on the IBBI's website on the said date. 13. The Corporate Person notified the Registrar of Companies, Bihar on 19.07.2019 by filing Form MGT-14 about the passing of a Special Resolution to liquidate the Corporate Person. A copy of the said Form MGT-14 is enclosed with the Affidavit as Annexure A/6 on page 141. 14. The Liquidator received claims from stakeholders in response to the advertisement published in the newspapers in Form F and the said claims were settled by the liquidator. Copies of such Form and claim forms of all stakeholders is enclosed with the Affidavit and marked as Annexure A/11 at page 189 to 196 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted by the petitioner. 19. On hearing the submissions made and perusing the documents annexed to the petition, it appears that the affairs of the Corporate Person have been completely wound up and its assets have been completely liquidated. No liabilities have been left unsatisfied. We are satisfied from the documents on record that the voluntary liquidation is not with the intent to defraud any person. 20. In view of the above facts and circumstances, there are no impediments to the dissolution of the Corporate Person and it is ordered accordingly. 21. The Liquidator of the Corporate Person is further directed to serve a copy of this order upon the Registrar of Companies (RoC), Bihar immediately and, in any case, within fourteen ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
