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2023 (11) TMI 1306

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..... or be discharged as its Liquidator. 2. Pursuant to the order dated 17.04.1986, the respondent company M/s Surekha Enterprises Pvt. Ltd. was ordered to be wound up and the Official Liquidator attached to this court was appointed as its liquidator. 3. It is stated by the Official Liquidator that as per the record of the Registrar of Companies, the following persons were the Ex- Directors of the company (in liquidation): 1) Mr. S.K. Sukumaran Nair; and 2) Ms. Surekha Kukde 4. The present application, CO.APPL. 841/2023, has been filed in compliance with orders dated 17.02.2023 and 26.09.2023 whereby the Official Liquidator was permitted to file an application seeking dissolution of the company (in liquidation), as was prayed for by the O .....

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..... to vacate the above mentioned portion of the premises and the Official Liquidator was ordered to take physical possession of the same on 23.02.2022. Per the OL Report bearing No. 23/2023, the order dated 08.02.2022 was complied with and physical possession of the property was taken over by the Official Liquidator. Further, with regards to CO.APPL. 781/2021 and in keeping with the order dated 25.08.2022, the said property was handed over to the applicant/current owner - Mr. Mahender Kumar Soni, authorised representative of Babulal Vyapar Pvt. Ltd. 8. Presently, it has been submitted that as per the books of accounts maintained by the Official Liquidator, the funds position of the company as on 25.01.2023 stood at Rs. (-) 28,941.72. Further, .....

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..... ld 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." 11. In view of the above-mentioned decision of the Supreme Court in Meghal Homes (supra), as well as keeping in mind the import of Section 481(1) of the Act and the facts and circumstances of the present case, these liquidation proceedings warrant to be brought to an end. Further, the Official Liquidator is permitted to close the books of accounts of the company after adjusting expenses and losses fro .....

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