2019 (10) TMI 103

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....ntary liquidation") filed this Petition for dissolution of the corporate person under Section 59 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the "IB Code") read with the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) for dissolution of the Corporate Person. 2. The brief of the averments made in the Petition by the Voluntary Liquidator are as follows: a) The Company under voluntary liquidation was originally incorporated in India as "SOA Software Engineering Private Limited" on 31.10.2007 as a Private Company Limited by Share. On 25.05.2015, the name of the Company changed to Akana Software Engineering India Private Limited. The registered Office of the Petitioner Company situ....

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....ed a special resolution required under section 59 of the IB Code read with the IBBI (Voluntary Liquidation Process) Regulations, 2017 to liquidate the Company voluntarily and appointed Mr. Thirupal Gorige, an Insolvency Professional, having IP Registration No. IBBI/IPA-002/IP-N00016/2016-17/10030 to act as liquidator of the Company. f) The liquidator made public announcement for commencement of liquidation in Form A, in the Business Standard (English) and Nava Telangana (Telugu) on 12.03.2018, seeking submissions of the claim by the stakeholders, if any, within 30 days from the date of commencement of liquidation i.e., 08.03.2018. The public announcement was simultaneously submitted to the IBBI to place the same on its website and ....

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....idation commencement date is enclosed with the Petition. m) The Liquidator has also prepared and submitted the final report in respect of realization and disbursement to the contributories to the Insolvency and Bankruptcy Board of India sent through DTDC Courier on 28.01.2019 and to the Registrar of Companies (RoC) on 23.01.2019. 3. The liquidator while reiterating the above facts prayed this Adjudicating Authority to pass an order to dissolve the company. 4. Heard Shri Mahadev Tirunagari, PCS and authorised representative of the Voluntary Liquidator. 5. The Registrar of Companies, Hyderabad vide its Report No. ROCH/MMM/SEC 59/056154/2019/135; dated 09.04.2019 while reiterating the averments made in the Petition submitted ....

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....al resolution passed by the members to the RoC. 9. It was informed to the Adjudicating Authority that the Company under voluntary liquidation has no secured or unsecured creditors as on date of filing of the application. The Company do not have any immovable properties also. 10. The liquidator in compliance with the Regulations had also published public announcement in Form-A one in Business Standard (English) and other in Nava Telangana (Telugu) and the copies of such public announcement are also placed on record. 11. All the above facts would show that the voluntary liquidator has complied with the requirement of the provisions of Section 59 of the IB Code, 2016 and filed this application under Section 59(7) of the IB Code, 2016 ....