MANJUL HOLDINGS PVT LTD Vs. STATE

JUDGEMENT

(1.) THE Official Liquidator has filed the present petition under Section 497 (6) of the Companies Act. He seeks a dissolution of the company.

(2.) RECORD shows that the company M/s Manjul Holdings Private Limited was incorporated on 20.11.1990 with an authorized share capital of Rs.2 lacs. The registered office of the company was located at 102, Shivalik, Alaknanada, New Delhi. The company was voluntary wound up on 07.06.2005. Notice of appointment by the voluntary liquidator was duly published in the official gazette as also in the newspaper 'Statesman' (English edition) and 'Veer Arjun' (Hindi edition). The voluntary liquidator had filed accounts before the Registrar of Companies (ROC) and before the Official Liquidator; the report further states that the voluntary liquidator Mr. Vinod Sahini has given his affidavit in the requisite form stating that no dues of any person i.e. either of the Government or any other body is due; indemnity bond of the directors has also been filed. The ROC vide his letter dated 19.03.2012 has stated that the company has filed all documents and the ROC has no objection if the company is dissolved. The Official Liquidator has accordingly sought for a dissolution of the company.

(3.) IN the case of Meghal Homes (P) Ltd. Vs. Shree Niwas Girni K.K. Samiti & Others (2007) 7 SCC 753, the Supreme Court inter-alia in paragraph 31 thereof has held as under:-