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2022 (4) TMI 1110

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....ayastha , Member (J) 1. This application is filed under section 59 of the Insolvency and Bankruptcy Code, 2016 (Code) read with Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 (IBBI Regulations) by the Voluntary Liquidator seeking dissolution of M/s. Kalyan Extraction Private Limited (herein referred to as the ("Company"). 2. The aforesaid Company w....

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....e company. For this purpose, an Extra Ordinary General Meeting of the members was held on 10.02.2021 to approve the Voluntary Liquidation of the company and the said decision was made after making a full enquiry into the affairs of the company. Declaration of Solvency filed with the ROC in form GNL-2 on 16.01.2021. c. Pursuant to the provisions of Section 59 of the Code and other applicab....

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....ion 14(3)(c) of the IBBI Regulations, the liquidator served a copy of public announcement to IBBI to be published on its official website. In terms of Regulation 30, it is submitted that no claims were received from any creditor. f. As per the requirement of Regulation 34 of the IBBI (Voluntary Liquidation Process) Regulations, 2017, it is submitted that a Bank was opened in the name of "....

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....an audit report was obtained from an independent auditor on 19.01.2022. j. Accordingly, in terms of Regulation 38 of the IBBI Regulations, the voluntary liquidator submitted the final report to the IBBI and RoC on 20.01.2022. 4. When the matter was first heard, this Bench had directed that notices be issued to the RoC. The ROC has filed their reply stating that an Affidavit of Solvency....