TaxTMI 
TaxTMI 
2022 (7) TMI 102
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....the relevant portion of our Order dated 03.05.2021: "14. The ROC, Guwahati has filed the present Petition seeking the following relief/s: (a) The Respondent Company be wound up under the provisions of Section 271 (c), (d) and 272(3) of the Companies Act, 2013 (b) IRP/Official Liquidator be directed to take possessions of the assets and properties of the Respondent Company. (c) Respondent Company be restrained from disposing of its assets and properties pending disposal of the instant Petition and (d) Costs and incidental to the instant Petition be directed to be paid out of the assets and properties of the Respondent Company. 16. In order to have the clarity about the provisions under which this Petition is filed, it is essential to reproduce here the relevant provisions of the Companies Act for passing an appropriate Order. Clauses (c) and (d) of the Section 271 of the Companies Act states the circumstances in which the Company may be wound up by the Tribunal. "(c) If on an application made by the Registrar or any other person authorised by the Central Government by notification under this Act, the Tribunal is of the o....
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.... in the formation or management of its affairs have been found guilty of fraud, misfeasance or misconduct in connection therewith and that the company has made a default in filing with the Registrar its financial statements or annual returns for immediately preceding five consecutive financial years Hence it is found proper that the Company be wound up in the interest of justice and as prayed for by the Petitioner. 19. Hence the order is hereby passed for winding up of the Company, Saradha Griha Developers Pvt. Ltd., under the provisions of Section 271 (c) and (d) of the Companies Act, 2013; (a) The Official Liquidator attached to the Hon'ble High Court, Guwahati is appointed as the Liquidator for winding of the Company, Saradha Griha Developers Pvt. Ltd., with directions to take immediately the possession of the assets and properties along with the books of Accounts of the Company. The Official Liquidator is to submit progress report every quarter starting the quarter ending June 2021 onwards and ensure that the winding up process is completed within one year from today i.e. on or before 02/05/2022. (b) The above Company is hereby restrained from disposi....
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.... malls, hotels, motels, resorts, holiday homes, restaurants, special economic Zones, amusement parks, I. T. parks, Cineplex, multiplexes, auditoriums, highways, bridges, golf course, film, city, clubs, educational institutes, place of worship, conference rooms, library, dairy farms, agro projects and all kinds of movable as well as immovable properties and completion of all sorts of projects relating to civil, electric, mechanical, electronics and telecommunication engineering, agriculture, estate management, negotiation, education, hospital, sports etc. and to carry on the business of purchase, sale of building materials, constructions, development, creations, expansions, designs, modernization, management and maintenance of infrastructure projects and roads, water, waterways, flyovers, airports, ports, railways, environmental engineering and management, sanitation, sewerage disposal, industrial estates, townships, industrial parks, footpaths, biotechnology parks, nursery business, printing press, advertising agencies, clinical laboratories, diagnostics centers, hospitals, nursing homes or any other facilities of similar nature and to act as consultants, advisor, agents, maintenan....
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....d Diluted (-) 2.62. 2.10 The intimation of winding up of Saradha Griha Developers Private Limited (in liquidation) along with winding-up order was sent to the company on 28.12.2021. But such letter was returned back undelivered with postal remarks "LEFT". Copy of such intimation is annexed with the Application. 2.11 The official representative of the Office of the Official Liquidator had visited the registered office of the company for physical verification which is addressed at 'Shanti Place, 3rd Floor, Bora Service, Opp. Khalsa Pariwar, G. S. Road, Paltan Bazar, Guwahati, Kamrup 781 007 on 28.09.2021 for physical verification of registered office and taking possession of the subject company (in liquidation). After reaching 3rd floor of the building they enquired about the company from the persons/offices at 3rd floor of the building and they informed that such company had closed their office since long. The physical verification report of the registered office of the said company is annexed with the Application. 2.12 On physical verification of the registered office of the said company, it was found that the company had closed their office since long and no assets was fo....
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....de, make an order that the company be dissolved from the date of the order, and the company shall be dissolved accordingly. 2.19 Rule 175 of the Companies (Winding Up) Rules, 2020 provides that upon hearing of the application, the Tribunal may, after hearing the Company Liquidator and any other person to whom notice may have been ordered by the Tribunal, upon perusing the account as audited make such orders as it may think fit as to the dissolution of the company, the application subject to the provisions of the Act, of the balance in hand of the Company Liquidator the payment thereof into the Company Liquidation Dividend and Undistributed Assets Account, and the disposal of the books and papers of the Company and of the Liquidator. 3. In view of the aforesaid submissions, the Official Liquidator prays that: i. The report of the Official Liquidator may kindly be taken on record. ii. The Official Liquidator could not find any assets of the Company (in liquidation) and no Directors of the company (in liquidation) are cooperating in winding up proceedings. Necessary Order (s) as deem fit and proper may kindly be passed in this case. ORDER 4. Heard the Off....