2018 (2) TMI 27

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....s Hon'ble Court and, to direct the Voluntary Liquidator to preserve the Books of Accounts of the Company (in members' Vol. Liqn.) for the period of 5 years from the date of dissolution of the Company in terms of resolution passed at the meeting held on 31.03.2016. (c) That, the Official Liquidator most respectfully submits that the related office expenses of the office of Official Liquidator for submitting this report are Rs. 10,000/- approximately. Therefore, this Hon'ble Court may be pleased to direct the directors of M/s.Tricot International Limited to pay such cost to the office of Official Liquidator or any other amount as may be considered appropriate by this Hon'ble Court. (d) To pass such other appropriate order/orders as this....

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...., the final statement of accounts of the company was approved at the General Meeting of the Company which was held on 25.05.2016 in pursuance of Section 497 of the Companies Act, 1956 and the Voluntary Liquidator has filed the final statement of accounts of the Company in Form Nos.156 & 157 as per Rule 329 and 331 of Companies (Court) Rules, 1959, respectively, for the period from 02.12.2015 to 31.03.2016 (i.e. the date of commencement of members' Voluntary Winding up to closure of Voluntary Winding up process of the Company). Copy of Form Nos.156 & 157 are submitted herewith and marked as Annexure "E" (Colly.) 7. That, the Official Liquidator submits that the position of the receipts and payment of the company as on 31.03.2016 are as un....

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....10. That, Official Liquidator submits that on perusal of information submitted by Voluntary Liquidator it appears that Voluntary Liquidator may not have intimated to Income Tax Department as required under the Income Tax Act regarding his appointment. However, since the aforesaid matter is pertaining to the duty of Voluntary Liquidator, the Official Liquidator has already intimated to Voluntary Liquidator for compliance of the same. 11. That, upon scrutiny of the aforesaid company's records submitted by the Voluntary Liquidators, it is seen that the necessary compliance of the provisions of Section 497 and other relevant provisions of the Companies Act, 1956 and Companies (Court) Rule, 1959, as applicable thereto have been made. Th....

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....manner prejudicial to the company, its members and to the public interest, the Court may order dissolution of the company under Section 497 of the Act and also direct the directors of the company to pay office expenses of Rs. 10,000/- to the Official Liquidator for carrying out the present report for dissolution of the company. (5) The Court, having heard learned advocate Ms.Chandarana for the Official Liquidator and having considered the contents of the present report with the provisions of Section 497 of the Act, finds that as stated in the report, when the relevant provisions of Section 497 of the Act appear to have been complied with and when the affairs of the company are stated not to have been conducted in a manner prejudicial to ....