M/S Sterling Components India Pvt.Ltd. v. M/S Energetic Lighting India Pvt. Ltd. & ORS.

$~CP-39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.PET. 12/2015 M/S STERLING COMPONENTS INDIA PVT.LTD...... Petitioner Through versus M/S ENERGETIC LIGHTING INDIA PVT. LTD. & ORS. ..... Respondent Through Mr.Kunal Sharma, Adv. for the OL with Mr.D.K.Singh, OL

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 28.05.2018 OLR 158/2018 & CA 1617/2017 Present Report being OLR 158/2018 has been filed by the OL stating that an application being CA 1617/2017 under section 481 of the Companies Act seeking dissolution of the company is pending. It has been pointed out that earlier an application being CA 3008/2016 was moved by one Mr.Deepak Gupta seeking leave of this court to proceed with Suit CS(OS) 3957/2014 pending before this court. This court vide order dated 24.1.2018 had directed the said applicant Mr.Deepak Gupta to file a claim before the OL noting that the fund position of the company in liquidation is Rs.39,000/- and hence no purpose would be served by proceeding with the suit.

It has been pointed out that despite liberty granted by this court on 24.1.2018 the said applicant Mr.Deepak Gupta has still not filed his claim before this court. The OL has issued a letter dated 4.5.2018 to the counsel

for Mr.Deepak Gupta. However, no reply till date has been received. The fund position as on 30.4.2018 is Rs.34,871/-. It is prayed that the company be dissolved under section 481 of the Companies Act. In view of the fact that the applicant Mr.Deepak Gupta has failed to take steps to pursue his claim and also taking into account the limited fund position of the company, the prayer is allowed. Co.Pet.12/2015 The respondent company Energetic Lighting (India) Pvt. Ltd. is dissolved under section 481 of the Companies Act. The amount available in the account of the company be transferred to the common pool fund in lieu of the expenses incurred by the OL.

Petition stands disposed of.

JAYANT NATH, J MAY 28, 2018 n