COMPANY PETITION NO. 516/2010 Page 1 24. * IN THE HIGH COURT OF DELHI AT NEW DELHI + COMPAY PETITION NO. 516/2010 Date of decision: 16th December, 2010 IN THE MATTER OF M/S VIVEK TRANSPORTERS (EX- SERVICEMAN) PRIVATE LIMITED ..... Petitioner Through Mr. S.B. Gautam, Official Liquidator in person. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA O R D E R (ORAL) 1. This petition under Section 497(6) of the Companies Act, 1956 (Act, for short) has been filed by the Official Liquidator for voluntary winding up of M/s Vivek Transporters (Ex-Serviceman) Private Limited (company, for short). 2. The company was incorporated on 23rd January, 1989. The authorized share capital of the company is Rs.5,00,000/- divided into 5000 equity shares of Rs.100/- each. The paid up share capital is Rs.3,00,000/- divided into 3000 equity shares of Rs.100/- each. The registered office of the company is situated within the National Capital Territory of Delhi and is located at A5/1, Vasant Vihar, New Delhi- 110051. The Official Liquidator in this petition 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. 3. It is stated in paragraph 6 of the petition that there are only two shareholders of the company, viz., Ms. Indira Awasty and Major General Virender Awasty, who hold 2000 and 1000 shares, respectively. COMPANY PETITION NO. 516/2010 Page 2 4. In the Extraordinary General Meeting of the members of the company held on 15th January, 2010 at the registered office, a special resolution was passed under Sections 484(1), 488 and 516 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 31st October, 2009 were also confirmed, approved and adopted. Mr. Vishal Sehgal was 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 24th December, 2009. In the Extraordinary General Meeting held on 15th January, 2010, the shareholders passed a Resolution in terms of Section 484(1)(b) of the Act for voluntary winding up. Mr. Vishal Sehgal was appointed as a voluntary liquidator. Mr. Vishal Sehgal gave noticed under Rule 315 of the Company (Court) Rules, 1959 and filed form No. 152 for appointment of the voluntary liquidator before the Registrar of Companies on 8th February, 2010. 5. It is stated in the petition that as required by Section 485(1) of the Act, the voluntary liquidator has published notification in the newspapers ‘Jansatta’ (Hindi) and ‘The Statesman’ (English) on 24th January, 2010. Notification was also published in the ‘Gazette of India’ on 13th to 19th February, 2010 Edition. Copy of the said publications have been enclosed as Annexure G to this petition. 6. On 28th May, 2010, Annual General Meeting of the Company was held as required by Section 497 of the Act. Mr. Vishal Sehgal filed final accounts of the company in form Nos. 156 and 157 and as prescribed under the Rules. The relevant extract from the said forms have been reproduced in paragraph 11 of the petition. Mr. Vishal Sehgal has filed COMPANY PETITION NO. 516/2010 Page 3 no objection certificate issued by Deputy Commissioner of Income-Tax, Circle 17(1) dated 19th July, 2010, copy of which has been enclosed as Annexure I. 7. The voluntary liquidator has furnished affidavit dated 5th May, 2010 of Ms. Indira Awasty and Major General Virender Awasty, Directors of the company duly notorised by the notary public declaring that there are no outstanding dues to any Government department against the company. They have also furnished indemnity bonds, which are taken on record. 8. It is stated in the petition that as required by Section 497(1) of the Act, voluntary liquidator has published in the newspapers ‘Jansatta’ (Hindi) on 15th April, 2010 and ‘The Statesman’ (English) on 14th April, 2010 and ‘Government Gazette’ published on 8th May, 2010 to 14th May, 2010 (the Official Liquidator, who is present in the Court has made necessary corrections in paragraph 14 of the petition and has initialed them in today’s date). 9. Registrar of Companies by their letter dated 9th November, 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 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 interest of its members or the public interest. The Official Liqudator 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. 10. In view of the statement made by the Official Liquidator and above facts and subject to the undertakings/bonds given above, the COMPANY PETITION NO. 516/2010 Page 4 present petition for voluntary winding up of M/s Vivek Transporters (Ex- Serviceman) Private Limited is allowed. The petition is disposed of. Copy of this order will be sent to the Registrar of Companies. DASTI. SANJIV KHANNA, J. DECEMBER 16, 2010 VKR