M/S.Mekhanesoft Technologies Privatelimited (In Liqn.) v. Sri Mohd. Abdul Jahangir
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY ,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY COMPANY APPLICATION NO. 57 OF 2O2O IN COMPANY PETITION NO: 30 OF 2013 rN THE MATTER OF THE COMPANTES ACT. 19s6 AND IN TI-IEMATTER OF M/S. MEKHANESOFT TECHNOLOGIES PRIVATE LIMITED ( IN LIQN) Between.
M/s.f\4ekhanesoft Technologies Private Limited (in liqn.), represented by the Official Liquidator Attached to this High Court at Hyderabad, for the State of Telangana and the State of Andhra Pradesh.
,.APPLICANT AND Sri Mohd. Abdul Jahangir, (Petitioner in CP.No.30/2013) S/o. tVohd. Abdul Raheem, Occ. Physiotherapist and Real Estate Consultant, R/o.H.No.10-511111.13, First Lancer, Ahmed Nagar, Masab Tank, Hyderabad - 500 028. RESPONDENT Application Under Section 481 of the Companies Act, 1956 Read with Rule 281, 282 & 9 of the Companies ( Court ) Rules, 1959 for dissolution of the Company praying that this Hon'ble Court may be pleased to i) dispense with the service of notice on the Respondents, herein as Official Liquidator has already ' No.
Objection Certificate' from the Respondent, above ii) form an opinion that the Liquidator cannot proceed with the winding up and that it is just and reasonable in the circumstances of the case to order for the dissolution of the company iii) half yearly audited accounts for the period have been filed up to the (period ending 30.09.2017 and further period i.e. from 01 .10.2017 18.09.2020 there are no transactions/ NIL receipts-and payments in the company in liquidation, which are being filed along with this application and may be taken on record.
iv) dispense with the auditing of half yearly accounts as there are no transactions for the period from 01-10-2017 to 18-09-2020. v) Dispense with the filing of final /annual accounts of the company in view of filing of audited / unaudited ( where there are NIL transactions ) half yearly accounts has been regularly filed upto 18-09-2020. vi) Order that [V/s. Mekhanesoft Techonogies Pvt. Ltd. ( In Liquidation ) be dissolved with effect from the date of the order.
vii) Permit the Official Liquidator to dispose of / destroy the boks of accounts and records of the company any day after expiry of 5 ( five ) years from the date of order of the dissolution of the company. viii) Permit the Official Liquidator to incur the costs of this application and other incidental expenses be met from and out of the Estate & Establishment Fund, since there are no funds available to the credit of the company in liquidation.
This Application coming on for orders upon reading the Judge's summons and the affidavit dated 29-09-2020 filed by Sri Pola Raghunath in support of the Application and upon hearing the arguments of Sri J. Srinadh Reddy, learned Counsel for the Official Liquidator on behalf of the Applicant and for the Respondent not appearing in person or represented by Advocate. The Court made the following: ORDER
THE HON'BLE SRI JUSTICE A.RAJASIIEKER REDDY COI\IPANY APPLICATION No. 57 of 2020 IN ONIPANY PETITION N f2013 ORDER:
This Application is filed under Section 481 of the Companies Act, 1956 read with Rules 28 l, 282 & 9 of the Companies (Court) Rules, 1959 for dissolution of M/s. Mekhanesoft Technologies Private Limited, company in liquidation, and seeking the reliefs as set out in paras (i) to (viii). This Cour1, by order dated 14.07.2014, directed winding up of the company in liquidation.
Heard Sri J.Srinadh Reddy, learned counsel for the Official Liquidator and perused the statement of affairs of the company and also the affidavit filed by the Official Liquidator Sri P. Raghunadh. As per the aflldavit of the Official Liquidator, since there were no transactions in the company in liquidation, the requirement of conducting audit in terms of the Companies (Court) Rules, 1959 is dispensed with. As per the statement of affairs, no amounts are due to the workmen. As on date, there is no balance available to the credit of the company in liquidation. Further, no assets are available to be put for sale and no cases are pending as per the available records. In the circumstances, no useful purpose would be served in continuing the winding up proceedings without dissolving the company. The Company Application is accotdingly allowed.
Consequently, C.P.No.30 of 2013 is closed. The Official Liquidator shall forward the certified copy of this order to the Registrar of the Companies along with the statement signed by the Official Liquidator, as mandated under Rule 2g2 of the Companies (Court) Rules, 1959.
SD/. K. GANGADHAR RAO JOINT REGIS AR w //TRUE COPY// SECTION OFFICER To
1. The Official Liquidator, High Court at Hyderabad for the state of Telangana and the State of Andhra Pradesh , 1ttfloor corporate Bhawan, Nagole, Bandlaguda Thattiannaram Village Hayathnagar Mandal, Ranga Reddy District Telangana State Pin Code 500 680.
2. The Registrar of Companies, Ivlinistry of Corporate Affairs, Government of lndia 2nd floor Corporate Bhawan, Nagole, Bandlaguda, Thattiannaram Village Hayathnagar Mandal, Ranga Reddy District, Telangana State Pin Code 500 680.
3. The Regional Director, South Eastern Region, Ministry of Corporate Affairs, 3'd floor Corporate Bhawan, Nagole, Bandlaguda, Thattiannaram Village Hayathnagar Mandal, Ranga Reddy District Telangana State Pin Code 500 680.
4. The S.O. O.S. Section , High Court of Judicature at Hyderabad, for the State of Telangana.
5. Two C.D.Copies
6. One CC to Sri J. Srinadh Reddy, Official Liquidator, High Court at Hyderabad.
HIGH COURT DATED:0311112020 TA r.a s q o;
Y a z O 20 Nov m0 I o )l { tl ,
ORDER
COMPA.N o-57 of 2020 ln, C.P. No. 30 of 2013 Allowing the ComPanY APPIication