Patna High CourtCOMP PET/8/1997dismissed

M/S Bhawani Paper Mills Pvt.Lt v.

2024-07-11Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

COMPANY PETITION No.8 of 1997 ====================================================== M/S BHAWANI PAPER MILLS PVT.LTD ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr. Alok Kumar Agrawal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 102 11-07-2024 Learned counsel for the official liquidator is present. However, no one appears on behalf of the respondent's company.

2. It has been intimated vide counsel for the official liquidator that the present company was ordered to be wound up vide order dated 13.04.2004, but subsequently vide order dated 28.08.2008, direction was made by Hon'ble Company Judge to hand over the assets and properties of the company which were taken into possession in terms of Hon'ble Court's order dated 13.04.2004.

3. Counsel for the official liquidator further submits that the aforesaid company has filed its balance sheet for the financial year 2002-03, but no balance sheet or annual return has been filed by the company after the financial year 2002-03 as per ROC records and due to non-compliance of the balance sheet or annual return, several prosecutions have been launched against the company and its directors before the Economic

Patna High Court COMP PET No.8 of 1997(102) dt.11-07-2024 2/2 offences Court which are pending. The details of those cases are mentioned vide Annexure-B to O.L.R. No.29 of 2024.

4. It transpires to this Court vide order dated 28.08.2008, the Ex-managing director of the company has discharged the entire liability of the company and it has now become no liability of the company till date, and therefore, the official liquidator has been directed to hand over the possession of the assets of the company which was in his custody.

5. It also transpires to this Court that in the light of the present facts and circumstances that effect of compliance of order dated 20.08.2008, this company has become legally revived and as such, no purpose shall be solved in keeping the present company petition No.08 of 1997 pending treating the company in liquidation.

6. In this view of the matter, this company petition No.08 of 1997 is hereby dropped.

(Dr. Anshuman, J.) Prakashmani/- U