Himachal Pradesh High Court
(In Voluntary Liquidation) vs Unknown on 5 September, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 5TH DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MR.JUSTICE SANDEEP SHARMA
COMPANY PETITION NO.1 OF 2022
Between:-
IN THE MATTER OF COMPANIES ACT, 1956
AND
IN THE MATTER OF M/S HMGF
HIRE PURCHASE PRIVATE LIMITED
(IN VOLUNTARY LIQUIDATION).
THROUGH OFFICIAL LIQUIDATOR,
CORPORATE BHAWAN, PLOT NO.4-B,
IST FLOOR, SECTOR-27, CHANDIGARH.
...... APPLICANT
(BY MR.SANJEEV KUTHIALA,
SENIOR ADVOCATE WITH
MS.ANAIDA KUTHIALA, ADVOCATE)
Whether approved for reporting:
This petition coming on for orders this day, Hon'ble Mr.Justice
Sandeep Sharma, passed the following:
ORDER
M/s HMGF Hire Purchase Private Limited was incorporated on 25.08.1987 (Twenty Fifth August One Thousand Nine hundred Eighty Seven) with Corporate Identity Number U65921HP1987PTC007697 under the provisions of the Companies Act, 1956 (for short "Act) with the erstwhile Registrar of Companies ::: Downloaded on - 08/09/2022 20:01:40 :::CIS 2 (Punjab, Chandigarh and Himachal Pradesh) with the Authorised Share Capital of Rs.1,00,000/- (Rs. One Lac only) divided into 1000 .
(One Thousand) equity shares of Rs.100/- each and increased to Rs.25,00,000/-.
2. Official Liquidator, who happens to be Registrar of Companies, has filed a report under Section 497(6) of the Act, for final dissolution of Company in Members Voluntary winding up of M/s HMGF Hire Purchase Private Limited. Mr.Kashmir Singh Thakur was appointed as Voluntary Liquidator of the Company on the strength of resolution passed at the extraordinary General Meeting of the Members of the Company held on 18.03.2002.
3. Copy of each of the final settlement of account made from 20.03.2002 (commencement of winding up) to 20.05.2002 (close of winding up) and the return of final winding up in the forms prescribed under the Companies (Court) Rules, 1959 sent by Mr.Kashmir Singh Thakur were received by the Official Liquidator on 22.06.2002.
4. Pursuant to provisions of Section 484(1) and 488 and other applicable provisions of the Act, an Extra Ordinary General Meeting of the members of M/s HMGF Hire Purchase Private Limited was held on 18.03.2002 at the registered office of the Company, situated at Ward No.8, Gandhinagar, District Hamirpur, Himachal Pradesh, wherein a special resolution was passed that Mr.Kashmir ::: Downloaded on - 08/09/2022 20:01:40 :::CIS 3 Singh Thakur is hereby appointed as Liquidator of the Company. In the aforesaid meeting it was further resolved that the declaration of .
Solvency and Statement on the estimated realizable value of assets and liabilities thereto payable by the Company as on 20.02.2002 taken on by the Director be and hereby confirmed, approved and adopted and Mr.Kashmir Singh Thakur was authorized to exercise all or any of the powers for the purpose of such winding up as specified under Section 512 and 546 and as given under Section (I) and clause
(i) to (v) of sub-section (2) of Section 457 of the Act.
r A copy of declaration of Solvency in form No.149 filed with Ministry of Corporate Affairs, stands annexed with the petition as Annexure A-2 colly.
5. Pursuant to filing of Forms No.156 and 157 under the Companies (Court) Rules, by the Voluntary Liquidator, M/s HMGF Hire Purchase Private Limited, has filed with the office of Official Liquidator the documents for further examination and necessary action i.e. Copy of Resolution passed and filed with the Registrar of Companies under Section 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, Copies of Balance Sheets of last three years; Copy of Declaration of Solvency under Section 488 of the Act; Copy of newspaper cutting and publication under Section ::: Downloaded on - 08/09/2022 20:01:40 :::CIS 4 497 of the Act, Copies of Liquidator's Statement of Accounts filed under Section 497 of the Act which are annexed herewith the petition .
as Annexure A-3 colly.
6. On 22.06.2002, the position of assets and liabilities also came to be provided by Voluntary Liquidator Mr.Kashmir Singh Thakur vide Form No.156 (Rule 329) to the Official Liquidator as stands mentioned in the report. Further Form No.157 alongwith Auditor's Report have also been annexed with the petition vide Annexures A-4 and A-5 respectively. As per books of accounts, there are no other pending realization or payables by the Company sought to be dissolved.
7. After receipt of report from Voluntary Liquidator, instant application has been filed by Official Liquidator i.e. Registrar of Companies, (Punjab, Haryana and Himachal), praying therein to dissolve the Company, as named above. Official Liquidator in its application, as taken note above, has categorically stated that he has no objection to the report under Section 497(6) of the Act and as per his record, Company has no litigation/suit/matters pending in any court in India. He has further stated that it is just and expedient that the affairs of M/s HMGF Hire Purchase Private Limited (in voluntary winding up) be would up and the winding up had not been conducted in a manner prejudicial to the interests of its members or the public interest.
::: Downloaded on - 08/09/2022 20:01:40 :::CIS 58. Consequently, in view of above, this Court finds no impediment in accepting the request made by Official Liquidator for .
winding of Company i.e. M/s HMGF Hire Purchase Private Limited, as such, Company stands dissolved from the date of submission of report.
9. With the aforesaid observation present petition is disposed of alongwith all pending applications.
September 5, 2022
(aks)
r to (Sandeep Sharma)
Judge
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