Allahabad High Court
M/S Western Mfg. Co. (Delhi) Pvt. Ltd., ... vs M/S New Works Pvt. Ltd. F/28-29, ... on 13 September, 2023
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:177582 Court No. - 9 Case :- COMPANY PETITION No. - 34 of 1969 Petitioner :- M/S Western Mfg. Co. (Delhi) Pvt. Ltd., 8-D.B. Gupta Road, New Delhi-55 Respondent :- M/S New Works Pvt. Ltd. F/28-29, Industrial Estate, Allahabad Up Counsel for Petitioner :- M. Wadhwani Counsel for Respondent :- A . Banerji Hon'ble Rohit Ranjan Agarwal,J.
Official Liquidator's Report No. Judl./ 355 of 2023
1. Heard Sri Shubham Agarwal, learned counsel appearing for Official Liquidator through Video Conferencing.
2. The Official Liquidator has filed his report dated 24.08.2023 seeking direction to dissolve the company in liquidation which was ordered to be wound up vide order dated 02.11.1970.
3. This Court on 26.07.2023 on the application moved by Official Liquidator for dissolving the Company after publication in daily newspaper circulated at large had directed that dissolution notice be published in newspaper "Hindustan Times" (English + Mint), all U.P. edition and in "Hindustan" (Hindi), all U.P. edition. The draft dissolution notice was approved by the said order.
4. Pursuant to the order of this Court, publication was made on 31st July, 2023 in both the newspapers.
5. In para 5 of the report submitted by the Official Liquidator it has been specifically mentioned that in response to the dissolution notice published in newspaper, no objections/claims have been received in the office of Official Liquidator.
6. The continuation of winding up proceedings in the opinion of Official Liquidator is not likely to yield any fruitful result. Moreover, winding up order was passed way back in the year 1970 and neither any funds are available to the credits of the Company nor any assets is available. It is further asserted by the learned counsel that no litigation is pending in respect of company in liquidation, therefore no purpose would be served in keeping this company under liquidation as no steps in liquidation could be carried out in this company and it would therefore be appropriate to dissolve the company in liquidation.
7. In view of the aforesaid assertion in the report and the fact that the winding up order was passed way back in the year 1970, almost 53 years have elapsed and no fruitful purpose would be served in continuing the winding up proceedings, the prayer in the report appears justified. Hence, the report is made absolute in terms of the prayer made in Clause (i), (ii), (iii) and (iv).
8. The Official Liquidator's Report No.Judl./355 of 2023 stands disposed of.
9. The Official Liquidator is directed to communicate this order to the Registrar of Companies, Kanpur, so that the name of M/s The Neworks Pvt. Ltd. is struck off from the Register of Companies maintained by him.
10. The Official Liquidator shall also comply with the provisions contained in Section 550(2) of the Companies Act, 1956.
Order Date :- 13.9.2023 Kushal