IN RE Vs. ANMOL DEALERS PRIVATE LIMITED

JUDGEMENT

(1.) This is an application under section 391(2) and 394 of the Companies Act, 1956 read with sections 230 to 232 of the Companies Act, 2013 praying for dissolution without winding up of Anmol Dealers Private Limited, Sarathi Vyapaar Private Limited, Lagan Tradecom Private Limited, Purvanchal Vinimay Private Limited and Novel Goods Private Limited (hereinafter referred to as the Transferor Companies) with Omni Vyapaar Private Limited (hereinafter referred to as the Transferee Company) .

(2.) The scheme was duly sanctioned by the Hon'ble High Court at Calcutta by an order dated 17th May, 2016. By the said order dated 26th September 2016, the Official Liquidator attached to the Hon'ble High Court was directed to file a report under second proviso to Section 394(1) of the Companies Act, 1956 i.e. corresponding section 232(3) of the Companies Act, 2013 relating to the said Transferor Companies for enabling this Tribunal to consider the same and pass necessary orders for dissolution without winding up of the said Transferor companies. The copy of the said order dated 26th September, 2016 has been annexed with the application and marked as Annexure 'A' at pages 13 to 47.

(3.) Accordingly, the Official Liquidator appointed Sri Manash Debmallik, Chartered Accountant of 9, Kiran Shankar Roy Road, Kolkata -700 001, a panel Auditor of the Hon'ble High Court for the purpose of thoroughly examining the books, records, documents and other papers in accordance with section 209 of the Companies Act, 1956 in respect of the said Transferor Companies and to make a report indicating clearly as to whether in the opinion of the said Chartered Accountant, the affairs of the Transferor Companies have been conducted in a manner prejudicial to the interest of its members or to public.