HAMIRPUR HIRE PURCHASE PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) M/S Hamirpur Hire Purchase Private Limited was incorporated on 14/10/1991 (Forteenth Oct. One Thousand nine hundred Ninety One) with Corporate Identity Number U65921HP1991PTC011699 under the provisions of the Companies Act, 1956 with the erstwhile Registrar of Companies (Punjab, Chandigarh and Himachal Pradesh) with the Authorised Share Capital Rs.25,00,000.00 (Rs. Twenty Five Lacs Only) divided into 25000 (Twenty Five Thousand) equity shares of Rs.100.00 each.

(2.) On the basis of resolution passed at the extra ordinary General Meeting of the members of the company held on 04.04.2001, Shri Kashmir Singh Thakur, resident of Ward No. 8, Gandhinagar, Hamirpur, H.P., was appointed as Voluntary Liquidator of the company. As per the report submitted by the Official Liquidator under Sec. 497(6) of the Companies Act, 1956, each of the final settlement of account made from 04.04.2001 (commencement of winding up) to 11.04.2001 (close of winding up) and the return of final winding up in the forms prescribed under the Companies (Court) Rules, 1956 stand received in the office of the Official Liquidator on 11.06.2001. It is further mentioned in the report that paid up capital of the company as per balance sheet as on 05.03.2001 was Rs.15,06,200/- divided into 15062 equity shares of Rs. 100.00 each. It is also mentioned in the report that as per the provisions of Sec. 484(1) and 488 of the Companies Act, 1956, an Extra Ordinary General Meeting of the members of M/s Hamirpur Hire Purchase Private Limited was held at its registered office situated at Near Bus Stand, Nadaun, Distt. Hamirpur on 04.04.2001. In the said meeting, a special resolution was passed appointing Shri Kashmir Singh Thakur as Liquidator of the company. In the said meeting, declaration of Solvency and Statement on the estimated reliable value of assets and liabilities payable by the company as on 26.05.2001 were confirmed, approved and adopted and Shri Kahsmir Singh Thakur, was also authorised to exercise all or any of the powers for the purpose of winding up of the company as specified under Sec. 512 and 546 and as given under section (I) & clause (i) to (v) of sub section (2) of section 457 of the Companies Act 1956.

(3.) It is further mentioned in the report that pursuant to filing of Form No. 156 and Form No. 157 under the Companies (Court) Rules by the Voluntary Liquidator, M/s Hamirpur Hire Purchase Private Limited has passed special resolution u/s 484(1)(b) of the Companies Act, 1956 for voluntary liquidation on 04.04.2001 and submitted, with the office of official liquidator the following documents for further examination and necessary action: Copy of resolution passed and filed with th Registrar of Companies u/s 484 and section 490 of the Companies Act, 1956; Names and addresses of the shareholders and their shareholding as on the date of incorporation, Certified true copy of Memorandum and articles of Association; Copy of certificate of incorporation; copies of Balance Sheets of last three years; Copies of gazette notification for the appointment of Liquidator and consent thereof; No Objection letter/ Certificate from Tax Authorities; Copy of Declaration of solvency u/s 488 of the Companies Act, 1956; Copy of newspaper cutting and publication in gazettes u/s 497 of the Companies Act, 1956 and copies of liquidator's Statement of accounts filed u/s 497 of the Companies Act, 1956.