THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1660 of 2011 15th November, 2011 Between :- The Official Liquidator, High Court of Andhra Pradesh, Hyderabad .. Applicant THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1660 of 2011 ORDER:- This application has been filed by the Official Liquidator under Rule 9 of the Companies (Court) Rules, 1959 read with Section 497 (6) of the Companies Act, 1956 to take his report on record and permit him to meet the cost of the Court fee of this application out of the estate and establishment fund. In terms of Section 484 of the Companies Act, 1956, M/s.Skyworks Solutions India Pvt.Ltd., was resolved to be wound up voluntarily. The Liquidator appointed by the members has to submit a statement of account in Form No.156 as contemplated under Rule 329 of the Companies (Court) Rules, 1959 to the Official Liquidator. Accordingly the Liquidator submitted a statement of account in Form No.156 to the Official Liquidator. The Official Liquidator under the letter dated 28-7-2011 addressed to Sri Akash Nath, Liquidator of the Company sought for to furnish statutory information, books and records of the Company in liquidation. The office of the Official Liquidator has received a statutory information from Sri Akash Nath. As per the information furnished by the Liquidator, M/s.Skyworks Solutions India Private Limited is an unlisted Private Limited Company incorporated on 11-12-2002 under the provisions of the Companies Act, 1956, having its registered Office at 202-206, Tolstoy House, 15, Tolstoy Marg, New Delhi. The Company changed its registered Office from the State of Delhi to Andhra Pradesh and obtained fresh Incorporation Certificate. The Company was basically promoted by Mr.Sunil Malik and Mr.K.G.Raghavan. As per the Company’s balance sheets for the last five years are hereunder:- Year Ended Profit/Loss 31-3-2010 Rs.2,27,17,946/- (Loss) 31-3-2009 Rs.2,28,67,024/- (Loss) 31-3-2008 Rs.82,03,794/- (Proit) 31-3-2007 Rs.33,16,646/- (Profit) 30-9-2006 Rs.19,73,549/- (Profit) As per the Minutes of the Extraordinary General Meeting of the members of M/s.Skyworks Solutions India Private Limited held on 26- 5-2010 at the Registered Office at 202-206, Tolstoy House, 15 Tolstoy Marg, New Delhi, the consent of the shareholders of the Company was secured for voluntarily winding up of the Company. In terms of the provisions of Section 490 of the Companies Act, 1956 and other applicable provisions of Section 490 of the Companies Act, 1956, the Company appointed Mr.Akash Nath as the Liquidator at the remuneration of Rs.75,000/- in addition to the actual out of pocket expenses for the purpose of the members voluntarily winding up of the affairs of the Company. The account of winding up of the Company was submitted by the Official Liquidator in Form No.156 dated 23-5- 2011. As per the information furnished by the Liquidator, the winding up of the Company was concluded on 23-5-2011. As per the statement submitted and the information made available by the Liquidator, he has realized a sum of Rs.1,46,62,131/- as against the Estimated Value of Rs.1,49,07,402/-. The expenses incurred by the Liquidator has been detailed in para 10 of the report of the Official Liquidator. The Liquidator convened the final meeting of the members for dissolution of the Company on 15-7-2011 after due notice and he has placed a statement of account before the meeting. The Liquidator filed report in form No.157 dated 18-7-2011 with Statement of Account in Form No.156 dated 23-5-2011 to the Registrar of Companies and the Official Liquidator. As per the report of the Official Liquidator, the affairs of the Company (in Liqn) have not been conducted in the manner prejudicial to the interest of its members or to the public interest. Hence, this application. Heard learned Counsel appearing for the applicant and perused the application as well as the report of the Official Liquidator. As can be seen from the report of the Official Liquidator, the members of the Company (in Liqn) passed resolution on 15-7-2011 for dissolution of the Company. In that view of the matter, the application is allowed dissolving the Company (in Liqn) from the date of the order. The Official Liquidator is permitted to meet the cost of the Court fee of this application out of the estate and establishment fund, subject to the reimbursement of the same by the Liquidator. Accordingly, the Company Application is allowed. _________________________ B.Seshasayana Reddy, J 15th November, 2011 smr