IN RE Vs. PARAGON SUPPLIERS PRIVATE LIMITED

JUDGEMENT

(1.) This is an application under section 232(3) (d) of the Companies Act, 2003, praying for dissolution without winding up of the Transferor Companies, namely, Paragon Suppliers Private Limited, Melody Vyapaar Private Limited, Mega Trenchless Engineering Private Limited, Apron Holdings Private Limited and Salona Dealer Private Limited with Linkwise Tie-UP Private Limited, the Transferee Company.

(2.) It is observed from the records that the scheme of Amalgamation was duly passed by the Hon'ble High Court at Calcutta by an order dated 30th November, 2015 approving the Scheme of Amalgamation of Paragon Suppliers Private Limited, Melody Vyapaar Private Limited, Mega Trenchless Engineering Private Limited, Apron Holdings Private Limited, Salona Dealer Private Limited. As per the said order dated 30th November, 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, 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. Photo copy of the said order has been annexed with this application and marked with the letter "A".

(3.) Accordingly, the Official Liquidator appointed Mr. R. N. Bhar, Chartered Accountant, 115, College Street, White Tower, 4th floor, Room No.4A, Kolkata- 700 012, a panel Auditor of the Hon'ble High Court to examine the books, records, documents and other papers in respect in accordance with section 209 of the Companies Act, 1956 i.e. corresponding section 128 read with section 2(13) of the Companies Act, 2013 relating to 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 been conducted in a manner prejudicial to the interest of its members or to public interest.