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High Court for State of TelanganaCOMPA/581/2016ordered

M/S.Anasuya Spinners Limited (In Liqn.) v. -

2016-04-20S.V.Bhatt2 pages

HONOURABLE SRI JUSTICE S.V. BHATT COMPANY APPLICATION No. 581 of 2016 IN COMPANY PETITION No.58 OF 2000 O R D E R :

This application is filed under Section 481 of the Companies Act, 1956 read with Rules 9, 281 and 282 of the Companies (Court) Rules, 1959.

The Official Liquidator prays for the following relief: i) 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;

ii) dispense with the filing of the Half Yearly Accounts for the period from 01-04-2014 to till date.

iii) dispense with the filing of the Final accounts of the company in view of the filing of the audited Half Yearly Accounts in the company in liquidation.

iv) order that M/s. Anasuya Spinners Limited., be dissolved with effect from the date of the order. v) permit the Official Liquidator to transfer the balance amount lying to the credit of the company to the Companies Liquidation Account, after deducting the liquidation expenses etc;

vi) permit the Official Liquidator dispose of / destroy the books 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;

vii) order that the cost of this application do come out of the assets of the company.

The circumstances relevant for disposal of this application are as follows:

This Court by order dated 20.11.2000 in C.P. No.58 of 2000, ordered winding up of M/s.Anasuya Spinners Limited (company in liquidation).

The Official Liquidator has filed Annexures A to H along with

this application.

Heard Sri M.Anil Kumar, learned counsel for the Official Liquidator and perused the statement of affairs of the company in liquidation and other material as evidenced by Annexures A to H and also the affidavit of the Official Liquidator dated 11.04.2016. The Official Liquidator in the winding up process could not and did not get into administration of asset or cash of company in liquidation. As on date, the balance available to the credit of the company in liquidation is Rs.17,853.71ps. I am satisfied that the winding up process need not be continued and orders for dissolution of M/s.Anasuya Spinners Limited are passed. The company in liquidation is dissolved.

The Company Application is accordingly ordered. The Official Liquidator is authorized to transfer the balance to Estate and Establishment Fund Account. Consequently, C.P. No.58 of 2000 is closed as no further order is necessary.

______________ S.V. BHATT, J Date:20.04.2016 Stp