IN RE Vs. CAMPHOR VINTRADE 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 and other applicable provisions of the Companies Act, 2013, praying for dissolution without winding up of the Transferor Companies, i.e., Umaputra Commotrade Private Limited and Varaprada Commodeal Private Limited with Camphor Vintrade Private Limited, the Transferee Company.

(2.) The scheme was duly sanctioned by the Hon'ble High Court at Calcutta by an order dated 7th April, 2016. As per the said order dated 7th April, 2015, 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 relating to the said Transferor Companies within a period of two months from the date of order for enabling this Tribunal to consider the same and pass necessary orders for dissolution without winding up of the said Transferor companies. Photo copy of the said order has been annexed with this application and marked with the letter "A".

(3.) Accordingly, the Official Liquidator appointed Nancy Murarka, Chartered Accountant, YMCA Building, Mezzanine floor, 25, Jawaharlal Nehru Road, Kolkata- 700 087, a panel Auditor of the Hon'ble High Court to examine the books, papers, records and documents of the above transferor companies and to make report indicating clearly as to whether in opinion of the said Chartered Accountant, the affairs of the transferor companies have conducted in a manner prejudicial to the interest of its members or to public interest.