IN THE MATTER OF OFFICIAL LIQUIDATOR Vs. AYAZ SHAIKH COMPANY SECRETARY
LAWS(GJH)-2021-1-54
HIGH COURT OF GUJARAT
Decided on January 11,2021

In The Matter Of Official Liquidator Appellant
VERSUS
Ayaz Shaikh Company Secretary Respondents

JUDGEMENT

BIREN VAISHNAV,J. - (1.) Heard Mr. Pathik Acharya for the Applicant, The Official Liquidator has filed present report for dissolution of the Company M/s AtRo Limited (in Member's Voluntary Liquidation) under the provisions of Section 497 (6) of the Companies Act, 1956 from the date submission of this report before this Hon'ble Court and also to direct Voluntary Liquidator to preserve the Books of Accounts of the Company (In members' Vol. Liqn.) for the period of 5 years from the date of dissolution of the Company in terms of resolution passed at the meeting held on 25.05.2017 and also prayed to direct Voluntary Liquidator of M/s AtRo Limited to pay Rs. 7500/- to the Official Liquidator as office expenses of the office of the Official Liquidator.
(2.) Record indicates that M/s. Atro Limited has submitted documents regarding Vol. Liquidation of the said company to the Office of the Official Liquidator on dated 26.09.2019. Since the Vol. Liquidator furnished inadequate information / documents, hence, the Official Liquidator has sought requisite documents vide its letter dated 18.10.2019 and in response of the said letter, Vol. Liquidator has furnished necessary documents to the Office of the Official Liquidator 22.11.2019. On the basis of information derived from said records, report u/s 497(6) of Companies Act, 1956 ("the Act" for short) has been prepared. It is the say of the company that it had been incorporated under the provision of Companies Act, 1956 with the Registrar of Companies, Gujarat ("the ROC" for short) on 26.03.2019 vide CIN U24110GJ1999PLC035663. Declaration of solvency dated 03.07.2014 under section 488 of the Companies Act, 1956 had been submitted by Board of Directors of the Company in Form No. 149 as prescribed under Rule 313 of the Companies (Court) Rules, 1959 (" the Rules for short) They have also declared that after making full inquiry in to affairs of the Company, they have formed an opinion that Company has no debt.
(3.) That, M/s. AtRo Limited incorporate under the provision of the Companies Act, 1956 with the Registrar of Companies, Gujarat on 26.03.1999 vide CIN U24110GJ1999PLC035663. The Authorised Share Capital is Rs. 1,00,00,000 and Paid up share Capital is Rs. 1,00,00,000 as shown MCA portal of Company Master Data.;


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