6 #34 . $- * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.PET. 148/2011 IN THE MATTER OF MIS. TACT SALES (P) LTD. ..... Petitioner Through Mr. Mayank Goel, Advocate for Official Liquidator with Mr. S.B. Gautam, Official Liquidator. CORAM: HON'BLE MR. JUSTICE MANMOHAN ORDER % 31.03.2011 1. This petition under Section 497(6) of the Companies Act, 1956 (for short "Act") has been filed by the Official Liquidator for voluntary winding up of IVI/s. Tact Sales (P) Ltd. (hereinafter referred to as "Company") • 2. The Company was incorporated on 11th May, 2007. The authorized share capital of the Company is Rs. 5,00,000/- divided into 5000 equity shares of Rs. 10/- each. The paid up share Capital is Rs. 1,00,000/- divided into 10000 equity shares of Rs. 10/- each. The registered office of the Company is situated within the National Capital Territory of Delhi and is located at 3 C World Trade Tower, Barakhamba Lane, New Delhi. The Official Liquidator in this petition Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified has set out the main incidental or ancillary objects of the Company. Details of the promoter directors and subscribers of the Company have been stated. The list of Directors along with their present addresses have been mentioned. It is stated in paragraph 6 of the petition that there are only two shareholders of the Company, viz., Sh. Rabindra Kapur and Smt. Urmilla Kapur, who hold 5000 shares each. In the Extraordinary General Meeting of the members of the Company held on 8th October, 2009 at the registered office, a special resolution was passed under Sections 484(1), 488 and 490 of the Act for the purpose of voluntary winding up. Declaration of solvency and statement on the estimated realizable value of assets and liabilities payable by the Company as on 30th September, 2009 were also confirmed, approved and adopted. Mr. Mandeep Kapur was ft authorized to exercise all or any of the powers for the purpose of winding up as specified under Sections 512, 546 and 457 of the Act. A declaration of solvency in form No. 149 was filed with the Ministry of Corporate Affairs along with copy of receipt/challan of fee dated 26th October, 2009. In the Extraordinary General Meeting held on 8th October, 2009, the shareholders passed a Resolution in terms of Section 484 (1) (b) of the Act for voluntary winding up. Mr. Mandeep Kapur was appointed as a voluntary liquidator. Mr. Mandeep Kapur gave notice under Rule 315 of the Company (Court) Rules, 1959 (for short "Rules") and filed form No. 152 for appointment of the voluntary liquidator before the Registrar of Companies on 26th October, 2009. It is stated in the petition that as required by Section 485(1) of the Act, the voluntary liquidator had published notification in the newspapers, namely, "Veer Arjun" (Hindi) and "The Statesman" (English) on 17th October, 2009. Notification was also published in the "Gazette of India" on 71h to 13th November, 2009 Edition. Copies of the said publications have been enclosed as Annexure IV & V to this petition. On 1st February, 2010, Extraordinary General Meeting of the Company was held as required by Section 497 of the Act. Mr. S Mandeep Kapoor filed final accounts for the company in form Nos. 156 and 157 and as prescribed under the Rules. Mr. Mandeep Kapur filed no objection certificate issued by IncOme Tax Officer dated 27th November, 2009. A copy of the same has been enclosed as Annexure VIII. 0 The voluntary liquidator has furnished affidavit dated 9th March, 2011 duly notarized by the notary public declaring that there are no statutory dues pending against the Company. Ms. Urmila Kapur and Mr. Rabindra Kapur, Directors of the Company have also furnished indemnity bonds, which are on record. It is stated in the petition that as required by Section 497(1) of the Act, voluntary liquidator has published a notification in respect of Extraordinary General Meeting held on 1st February, 2010 in the newspapers, namely, "Veer Arjun" (Hindi) and "The Statesman" (English) on 30th December, 2009 and "Government Gazette" published on 161h January, 2010 to 22nd January, 2010. Registrar of Companies by their letter dated 12th May, 2010 has stated that the documents filed by the voluntary liquidator have been taken on record as they have been found to be in order. It is stated by Mr. Mayank Goel, learned counsel for the Official Liquidator that the Official Liquidator has also examined the papers and is satisfied that necessary compliance of Section 497 and other provisions of the Act have been made and the affairs of the Company have not been conducted in a manner prejudicial to the S interest of its members or the public interest. The Official Liquidator H has made a prayer that the Company may be deemed to be dissolved on the date of submission of this Company petition in the Court. In view of the compliance reported as aforesaid, Mis. Tact Sales (P) Ltd. is ordered to be dissolved finally from the date of filing of this petition i.e. 18th March, 2011. The Official Liquidator to send a necessary intimation to the Registrar of Companies in this regard. The petition stands disposed of in the above terms. MANMOHAIN,J MARCH 31, 2011 rn C