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TMI Blog2024 (7) TMI 1215X X X X Extracts X X X X X X X X Extracts X X X X ..... e Companies (Court) Rules, 1959 Rules , praying that the respondent company (in liquidation) be dissolved and the Official Liquidator be discharged as its Liquidator. 2. This application for dissolution of the company (in liquidation) has been moved in the present Company Petition preferred under Section 433(1)(e) read with Sections 434 and 439 of the Companies Act, 1956 by the petitioners, who sought winding up of the respondent company on the ground that the respondent company was unable to pay its debts amounting to Rs. 28,61,469/- despite serving of statutory notice dated 22.06.2009. 3. This Court in exercise of its jurisdiction vide order dated 05.08.2011, directed the respondent company to be wound up provisionally and an Official L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been shown to be the Ex-Directors of the company (in liquidation): i. Mr. Dilip Kochar, S/o Late Vijay Singh Kochar, residing at E-202, Sukhan Residency, L.P. Sarvani Road, Adajan, Surat, Gujarat; and ii. Mr. Babu Lal Kochar, Residing at #743, Deshpandele House, Tri Murti Nagar, Nagpur, Maharashtra. 6. The record of the Registrar of Companies also shows that besides the registered office of the company (in liquidation) which is located at S-98, Sunder Block, Shakarpur, Delhi, the following properties are also shown as belonging to the respondent company: i. D-503, 5th Floor, Sahnip Vicco, Surat, Gujarat; ii. New City 299, Ashirvad Villa, Surat, Gujarat; iii. 804/A, Centre Point, Ring Road, Suraj, Gujarat; and iv. 1/9, Ku ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ucks were stated to be situated at different places and were only worth scrap value. They were directed to deposit the amount of Rs. 3,75,000/- vide order of this court dated 01.06.2023, and the same was done vide Demand Draft No. 521010 dated 16.06.2023 drawn on Bank of Baroda, Surat. 10. Further, vide the same order dated 05.01.2023, this Court had directed HDFC Bank, Prime Market Branch, Surat to remit the amount remaining in the account of the company (in liquidation) to the Official Liquidator by means of a demand draft. In this regard, the office of the Official Liquidator also wrote a letter to the manager of HDFC Prime Market Branch, dated 12.04.2023. However, no reply or response has been received till date. 11. It is submitted b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the company should be made, the Court shall make an order that the company be dissolved from the date of the order, and the company shall be dissolved accordingly." ....... 14. The aforesaid provision came to be discussed in the case of Meghal Homes (P) Ltd. v. Shree Niwas Girni K.K. Samiti & Ors, ( 2007 ) 7 SCC 753 wherein the Supreme Court inter alia held as under:- "When the affairs of the Company have been completely wound up or the court finds that the Official Liquidator cannot proceed with the winding up of the Company for want of funds or for any other reason, the court can make an order dissolving the Company from the date of that order. This puts an end to the winding up process." 15. In view of the above-mentioned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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