1 IN THE HIGH COURT OF BOMBAY AT GOA COMPANY PETITION NOS. 4, 5 AND 6 OF 2008 COMPANY PETITION NO. 4 OF 2008 Emco Goa Pvt. Ltd., a company incorporated under the Companies Act, 1956 having its registered office at “Shree Damodar Krupa Prasad” 1st Floor 269/D, Rawanfond Mandopa Road, Aquem Baixo, Margao, Goa, 403 707. ... Petitioner COMPANY PETITION NO. 5 OF 2008 Metco Ores Pvt. Ltd., a company incorporated under the Companies Act, 1956 having its registered office at “Shree Damodar Krupa Prasad” 1st Floor 269/D, Rawanfond Mandopa Road, Aquem Baixo, Margao, Goa, 403 707. ... Petitioner COMPANY PETITION NO. 6 OF 2008 Eastern Mining Company(Mysore) Pvt. Ltd., a company incorporated under the Companies Act, 1956 having its registered office at “Shree Damodar Krupa Prasad” 1st Floor 269/D, Rawanfond Mandopa Road, Aquem Baixo, Margao, Goa, 403 707. ... Petitioner 2 Mr. Sudin Usgaonkar with Ms. R. Kamath, Advocate for the Petitioner. Mr. C. A. Ferreira, Assistant Solicitor General for Regional Director. Official Liquidator, present. CORAM : N. A. BRITTO, J. DATE : 22ND AUGUST, 2008. ORAL ORDER Heard Mr. Sudin Usgaonkar, learned Counsel on behalf of the Petitioner. The Official Liquidator is present in person. Heard Mr. C. A. Ferreira, learned Assistant Solicitor General. The Official Liquidator has filed an affidavit dated 19-8-2008 and in the said affidavit the Official Liquidator has stated that no offence has been committed by Metco Ores Pvt. Ltd., as stated by him earlier on 8-8-2008. He has further stated that the matter was re-examined by him and upon re-examination he found that the dividend income for the year 2006-2007 was of the tune of Rs.15,53,000/- which was declared out of the profits and the same has been appropriated for declaration of dividend i.e. Rs. 9,63,200/- and as such there is no violation of Section 205 of the Companies Act, 1956. The learned Assistant Solicitor General has nothing to say different from what has been stated by the Official Liquidator. The Official Liquidator in his said affidavit has withdrawn his qualification in para 11 of his Report dated 8-8-2008 and has now stated that the 3 affairs of the transferor Company in Company Petition No. 5 of 2008 have not been conducted in a manner prejudicial to the interest of its members or the public. The statements are accepted. In view of the said statements, learned Counsel on behalf of the Petitioner has submitted Minutes of Order, the same are accepted. There shall be an order in terms of the said Minutes. N. A. BRITTO, J. RD