Disposed

Official Liquidator of Himalaya Fibers Pvt. Ltd. (in Liquidation) v. Amit Nanda S/O. Sh Phader Dass Nanda (Petitioner)

Bombay HC20 Feb 2026OLR/79/2026

Case brief

AI extract

What is this about?

Official Liquidator sought permanent dissolution of a company in liquidation having no recoverable assets. Citing precedent where companies lacking sufficient funds were dissolved, the court allowed the report in terms of prayers (a), (c), (d), (e) and (el), including transfer of the residual balance.

What did the court decide?

Report allowed in terms of prayers (a), (c), (d), (e) and (el); amendment taken on record; dissolution granted with transfer of balance to Companies Liquidation Account.

Official Liquidator of Himalaya Fibers Pvt. Ltd… — Insolvency and Bankruptcy | Bombay HC (2026)

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11-OLR-79-2026.DOC

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Digitally signed by MEERA MEERA MAHESH MAHESH JADHAV JADHAV Date:2026.04.27 17:51:50 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR REPORT NO. 79 OF 2026

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In the matter of the Companies Act I of 1956

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And

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In the matter of Himalaya Fibres Pvt Ltd. (in liquidation).

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Amit Nanda s/o Sh. Phader Dass Nanda ...Petitioner

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Ms. Akanksha Agrawal, for the Official Liquidator (Through VC). Mr. Satyajit Roul, Official Liquidator present.

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Mr. J. P. Gautam, Dy. Official Liquidator present.

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CORAM : ARIF S. DOCTOR, J. DATE : 24th APRIL 2026

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P.C.

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At the outset, Ms Agarwal, tenders draft amendment to seek the following prayer:

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“(el) In view of para (19) of the this report, whether this Hon'ble Court may be pleased to allow the Official Liquidator to transfer the balance amount of Rs.2,23,255/- to "Companies Liquidation Account", maintained by the Registrar of Companies as mandated under Section 555 of the Companies Act, 1956, as being the undistributed assets of the Company (In Liqn);”

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Having perused the draft amendment, the same is taken on record and marked “X”. Amendment to be carried out within a period of one week from today.

Meera Jadhav

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11-OLR-79-2026.DOC

The captioned Official Liquidator’s Report is for permanent dissolution of

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the company in liquidation. Ms. Agrawal, learned counsel for the Official Liquidator points out that the company in liquidation does not have any recoverable assets. She seeks dissolution of the company in question and consequential dispensation with the compliances which would otherwise be required during the course of final dissolution of company in liquidation.

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For the convenience of the Court, the Official Liquidator has prepared a list setting out (i) the date on which the winding-up order was passed; (ii) the funds available; and (iii) the status of the claim of the company. The details are as follows:

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Date of Winding Up In CP No.	Funds available (In Rs.)	Claims
13/04/2017 in CP No.	Rs. 2,27,255/-	Claims invited	via	notice
778 of 2014		published on 22.	01.202	6. No
		claims receiv	ed	from
		workers/creditors.	Two suo	moto
		claims received:	Corda	India
		Company Pvt.	Ltd.	(Rs.
		19,64,514/-) and	M/xs.	BLR
		Logistiks (I)	Ltd.	(Rs.
		13,87,399/-). (Para	11-12)

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By an Order dated 20th February 2026, this Court granted prayer (b) of the Report. Prayer (b) is reproduced as follows –

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“b) In view of para (11) of this report, whether this Hon'ble Court may be pleased to order Audit of Half Yearly Accounts which are pending for audit and also Audit of Final Account by one of the Chartered Accountants from the panel maintained by the Official Liquidator and also permit the Official

Meera Jadhav

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11-OLR-79-2026.DOC

Liquidator to pay his fees from the funds lying to the credit of the Company (In Liqn). Further, upon the Chartered Accountant submitting his Audit Certificate along with his comments and discretion, to the Company Registrar, direct the Company Registrar of this Hon'ble Court to file the same before this Hon'ble Court, as required under Rule 303 of the Companies (Court) Rules, 1959;”

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Learned Counsel for the Official Liquidator submits that the same has been complied with. The Chartered Accountant has prepared half yearly account statement for the period of 01.04.2024 to 30.09.2025 and prepared final account statement and submitted an invoice dated 12.03.2026 for a sum of Rs.4,000/-.

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Learned counsel for the Official Liquidator has also placed reliance upon various decisions which support the directions which are today sought for, useful reference can be placed upon the decision of this Court in the case of Goan Riviera Resorts Private Limited through the Official Liquidator1 , Meghal Homes (P) Ltd. Vs. Shree Niwas Gimi K. K. Samiti2 , Delfin Expo Mart Vs. Royal Regency Fashions Pvt. Ltd.3 , Re-Vikas Motors Pvt. Ltd.4 , Indiana Spices and Foods Industries Ltd.5 and Lalaji Paper Mills Pvt. Ltd6.

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In each of the aforesaid decisions, the Court proceeded to allow dissolution of the company in liquidation since there was a lack of sufficient or substantial funds or assets, and no useful purpose would be served by keeping the process of winding-up or liquidation alive.

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1 (2024) SCC Online Bom 751

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2 (2007) 7 SCC 753

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3 (2023) SCC Online Del 3866

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4 (2023) SCC Online Del 4634

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5 (2020) SCC Online Del 705

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6 (2019) SCC Online Del 10739

Meera Jadhav

11-OLR-79-2026.DOC

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Having heard learned counsel and having perused the judgments upon which reliance is placed, I am satisfied that a case has been made out for allowing the aforesaid Official Liquidator’s Report.

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Hence, the Official Liquidator’s Report is allowed and disposed of in terms of prayer clauses (a), (c), (d), (e) and (el).

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[ARIF S. DOCTOR, J.]

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Meera Jadhav

Official Liquidator of Himalaya Fibers Pvt. Ltd. (in Liquidation) v. Amit Nanda S/O. Sh Phader Dass Nanda (Petitioner)

Case brief

What is this about?

What did the court decide?

Official Liquidator of Himalaya Fibers Pvt. Ltd. (in Liquidation) v. Amit Nanda S/O. Sh Phader Dass Nanda (Petitioner)

Case brief

What is this about?

What did the court decide?

What the court decided

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