A company winding-up petition filed by the Official Liquidator to wind up and dissolve Scandinavian Airlines System India Pvt. Ltd. after verifying compliance with statutory provisions, which was allowed.
The company to be wound up and finally dissolved from the date of filing of the petition.
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IN THE MATTER OF SCANDINAVIAN AIRLINES SYSTEM INDIA PRIVATE LTD.(IN VOL.LIQN) ..... Petitioner
Through: Mr. Mayank Goel, Advocate for the OL
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
“..(i). The petition of the Official Liquidator may kindly be taken on record.
(ii). The company Scandinavian Airlines System India Pvt. Ltd. may kindly be ordered to be wound up and finally dissolved from the date of filing of the present petition...”
2.2 At its Board of Directors meeting held on 04.03.2010, a resolution as passed to convene an Extraordinary General Meeting (EGM) for the purposes of passing a resolution to wind up the aforementioned company.
CO.PET. 185/2016 Page 1 of 3
The record shows that the EGM was held, as a matter of fact, on the very same date. Mr. Goel says that the O.L. / petitioner has no objection to the said aspect of the matter.
2.3 Be that as it may, on 09.03.2010, E Form-62 was filed for appointment of a liquidator followed by Form 152 which was filed with the Registrar of Companies, NCT of Delhi and Haryana (in short the ROC). Consequent thereto, on 10.03.2010, notification was carried out in two newspapers [i.e. Financial Express (English) and Jansatta (Hindi)] in consonance with Section 516 of the Companies Act, 1956 qua the factum of the convening of the EGM held on 04.03.2010. On 10.04.2010, the liquidator appointed by the company also published the factum of the EGM held on 04.03.2010 in the official gazette. As a necessary corollary on 09.07.2011, notice under Section 497 in Form 155 with respect to final meeting was published in two newspapers i.e. Financial Express (English) and Jansatta (Hindi). The final meeting of the shareholders was held on 08.08.2011.
2.4 The notice referred to above, which was in Form 155, as required under Section 497 of the Act was published in the official gazette, on 06.08.2011. The statement of account for winding up was filed with the ROC, in the prescribed form (i.e. Form 156) on 10.08.2011. A return of final winding up was also filed in Form 157 with ROC on 10.08.2011, on 23.08.2011. A copy of Form 157 was filed with the office of the official liquidator. I am informed by Mr. Goel that no objection in the form of communication dated 19.03.2012, was received from the ROC.
2.5 At the EGM held on 08.09.2014, one, Mr. Mukund Anand Thakkar was appointed as liquidator of the aforementioned company.
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2.6 As a result of the aforementioned decision, the appointment of Mr. Mukund Anand Thakkar as a liquidator of the aforementioned company was intimated to the ROC in the prescribed form i.e. Form GNL-2.
2.7 The resolution passed at the EGM held on 08.09.2014, with regard to appointment of Mr. Mukund Anand Thakkar as the liquidator was received by the O.L. on 16.09.2015.
3.1 Mr. Goel also submits that according to the O.L., the affairs of the aforementioned company have not been conducted in a manner prejudicial to the interest of its members, and therefore, the O.L. is of the view that the aforementioned company be deemed to have been dissolved from the date of submission of the captioned petition.
RAJIV SHAKDHER, J
MARCH 08, 2016/yg
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Scandinavian Airlines System India Private Ltd.
Official Liquidator
Rajiv Shakdher
As recorded by the court registry
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