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2021 (4) TMI 1136
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....[hereinafter referred to as 'Petitioners'] under Sections 271 (d) and 272 of the Companies Act, 2013 (hereinafter referred to as 'Act of 2013') seeking the following reliefs: - ➢ to wind up the company under Section 271(d) of the Companies Act 2013 ➢ award costs and expenses to the petitioners, incurred by them for filing the winding up petition ➢ and pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the circumstances above and thus render justice. 2. The petitioners in their application stated that the Respondent Company 'Baksons (India) Private Limited' was incorporated on 17.11.1993 under the Companies Act,1956. The Petitioners were designated as the D....
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....ncy. Since the Petitioners are also in need of funds, the present petition is filed to permit the petitioners to wind up the Company and realise its assets. 7. Respondent filed his reply and stated that he doesn't have any objection in winding up of the Company M/s. Baksons (India) Private Limited. However, the concern of Respondent is as follows: - (i) Respondent is the Managing Director of the abovesaid Company. He has carried out many works as a Managing Director in setting up of the company. So far, he has been looking after the property as the Managing Director of the Company. Hence he has invested his labour, energy and time for looking after the property of the company. He has appointed 24 hours watch and ward personnel, ....
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....any. The status of the Company is strike off. 9. It is further stated that the Company failed to file its Statutory Returns Viz. Annual Returns and Balance Sheets/Financial Statements for the last consecutive financial years, hence the RoC struck off the Company from the Register of Companies on 29.08.2018. It is also stated that since the Company failed to file its statutory documents since 2000-2001 the order of winding up can be passed only after restoration of the Company to the Register of Companies under Section 252 of the Companies Act, 2013. 10. I have heard the learned counsel for the Petitioner Shri. E. Narayanan and considered the Report of the RoC. The Roc who appeared through Video Conferencing has also been heard. The qu....
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....mbers in terms of paid-up share capital, file an application in the prescribed manner to the Registrar for removing the name of the company from the register of companies on all or any of the grounds specified in Sub-Section (1) and the Registrar shall, on receipt of such application, cause a public notice to be issued in the prescribed manner: Provided that in the case of a company regulated under a special Act, approval of the regulatory body constituted or established under that Act shall also be obtained and enclosed with the application. (3) Nothing in Sub-Section (2) shall apply to a company registered under section 8. (4) A notice issued under Sub-Section (1) Or Subsection (2) shall be published in the pres....
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....ower of the Tribunal to wind up a company the name of which has been struck off from the register of companies" 11. From a reading of Sub-Section (8) of Section 248, it is clear that Section 248 in no manner will affect the powers of this Tribunal to wind up the Company, the name of which has been struck off from the Register of Companies. Therefore, even after removal of the name of the Company from the Register of Companies this Tribunal can proceed with the petition for winding up under Section 271 of the Companies Act, 2013. 12. It also appears from the record that the Company got struck off on 29.08.2018 due to non-filing of Statutory Returns since 2001. Hence the criteria fixed under Section 271 (d), that the Company failed to f....
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....d to file a declaration before this Tribunal within 7 days from the date of receipt of this order, in the prescribed form disclosing conflict of interest or lack of independence in respect of his appointment, if any. III. Direct the existing management of the company to extend full co-operation to the Provisional Liquidator to carry out his duties under the extant provisions of the Companies Act,2013. IV. The Provisional Liquidator is permitted to initiate appropriate action in accordance with extant provisions of Companies Act, to take custody or control of all the properties, effects and actionable claims to which Company is or appears to be entitled to and take such steps and measures, as may be necessary, to protect an....