CO.PET.--43/2017. Case: IN THE MATTER OF KUNAL BROTHERS PRIVATE LIMITED (IN VOL. LIQN.) Vs. ......... High Court of Delhi (India)
Case Number | CO.PET.--43/2017 |
Citation | NA |
Judgement Date | July 24, 2017 |
Court | High Court of Delhi (India) |
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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 18th July, 2017
Pronounced on: 24th July, 2017
+ CO.PET. No.43/2017
IN THE MATTER OF KUNAL BROTHERS PRIVATE LIMITED (IN VOL. LIQN.)
..... Petitioner
Through Mr.Mayank Goel, Advocate
Official Liquidator. versus
........
..... Respondent
Through None
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J.
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This is a petition under section 497(6) of the Companies 1956 (hereinafter as „the Act‟) by the Official Liquidator, seeking voluntary winding up of Kunal Brothers Private Limited (hereinafter „petitioner company‟).
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The petitioner company was incorporated on 10.11.1983 having Corporate Identity Number U74899DL1983PTC016928, under provisions of the Act with the Registrar of Companies, NCT of Delhi and Haryana with the authorized Share Capital of `25,00,000/- divided
2,50,000 equity shares of `10/- each.
CO.PET. No.43/2017 Page 1
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The registered office of the company is situated within the territory of NCT of Delhi at Unit No.8-12, Ground Floor, World Trade Centre, Babar Road, Connaught Place, New Delhi-110001.
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The promoters at the time of incorporation of the company Smt.Kamla Chawla and Shri Jugal Kishore Chugh.
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At the time of Members Voluntary Winding up of the petitioner company, there were four shareholders and three directors. The financial position of the company as disclosed in the audited balance sheets ending as on 31.03.2013, 31.03.2014 and 31.08.2015 are annexed to the petition.
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Pursuant to the provisions of Section 490 and other applicable provisions of the Act, an Extra Ordinary General Meeting of Members of petitioner company was held on 16.02.2016 and a special resolution was passed for Members‟ Voluntary Winding up. Mr. Aggarwal was appointed as Voluntary Liquidator of the company remuneration of `21000/- excluding pocket expenses and taxes. declaration of solvency was executed and approved by the Board Directors in their meeting dated 12.01.2016. Necessary Form No.
was filed.
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The Voluntary Liquidator gave notice of his appointment under Rule 315 the Companies (Court) Rule, 1959 in Form 151 published in the official Gazette on 19.03.2016. The notification with respect extraordinary general meeting held on 16.02.2016 was published newspapers, namely, “Business Standard” – English and “Business
CO.PET. No.43/2017 Page 2
Standard” – Hindi dated on 26.02.2016 and in the Official Gazette Government of India on 19.03.2016.
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Pursuant to the provisions of...
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