2022 (4) TMI 76

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.... ("Regulation") and applicable rules of the National Company Law Tribunal Rules, 2016 ("Rules") by the liquidator of M/s. Joginder Coal Transport Private Limited for dissolution of the Petitioner Company. 2. The aforementioned M/s. Joginder Coal Transport Private Limited is a private limited company incorporated on 25.06.2004 under the provisions of Companies Act, 1956 having CIN: U60231HR2004PTC037622 and PAN:AABCJ4214F. The registered office of the Company is presently situated at SCO-35, Second Floor, Huda Market, Sector-31, Gurgaon, Haryana-122001, which lies within the territorial jurisdiction of this Bench. The main objects of the company are to deal in the business of coal loading, coal transport and allied materials and to enter in....

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.... The members had appointed Mr. Sameer Rastogi, Insolvency Professional as Liquidator. Accordingly, the liquidation of the company is deemed to have commenced from 06.06.2017. The copy of notice and explanatory statement alongwith Special Resolution along with the minutes of the EOGM dated 06.06.2017 are attached as Annexure A-5 of the petition. 7. That in compliance of the Regulation 3(2) of IBBI (Voluntary Liquidation Process 2017) Regulation, 2017, resolution passed on 06.06.2017 by the members of the company were duly notified/filed with the office of the concerned Registrar of Companies (RoC) and IBBI. Copy of e-form MGT-14 filed with the office of Registrar of Companies (ROC) along with Challan dated 12.06.2017 are attached as Annexur....

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....holders. The copy of the list of stakeholders is attached as Annexure A-9 of the petition. 10. The Liquidator in terms of Regulation 9 of IBBI (Voluntary Liquidation Process) Regulations, 2017 submitted the preliminary report on 12.06.2017. A copy of the preliminary report is attached as Annexure A-10 of the petition. 11. It is submitted that liquidator conducted a meeting of contributories on 12.06.2018 in terms of Regulation 37(2) of the IBBI (Voluntary Liquidation Process) Regulations, 2017 as the liquidation process has been continued for more than twelve months from its commencement date i.e. 06.06.2017. The copy of notice and minutes of meetings of contributories is attached as Annexure A-11 of the petition. Further, as per Regulati....

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....vency and Bankruptcy Board of India. The petitioner has filed an affidavit of service vide Dairy No. 6473 dated 20.11.2019. The post receipts alongwith tracking report showing the duly service of notices IBBI, Registrar of Companies, NCT of Delhi and Haryana has been attached as Annexure A-1 of the aforesaid affidavit. 15. The RoC, NCT of Delhi & Haryana has filed its report vide Diary No. 1069 dated 09.12.2019 wherein it is stated that no inquiry/inspection/complaint/legal action has been proceeded/pending against the subject company. The IBBI has also filed a report vide a Diary No. 6472 dated 20.11.2019 and it has been stated that the role of Board is limited to being notified of the resolution passed by the Company to be liquidated wit....