The Official Liquidator, High Court Of Madras v. Nil
SENTHILKUMAR RAMAMOORTHY, J By this application, the Official Liquidator seeks dissolution of M/s.Vitalo Plastics Solutions India Private Limited, a company under voluntary liquidation.
2. In support of this application, a report dated 24.11.2021 has been filed. In the said report, it is stated that the company passed the resolution for voluntary winding up on 09.03.2017 and appointed a practising Company Secretary as voluntary liquidator. It is further stated that the voluntary liquidator realized an amount of Rs.32,36,504/- from and out of the assets of the company. After incurring expenditure of Rs.7,03,684/-, including liquidator's remuneration, it is stated that a sum of Rs.25,32,820/- was disbursed to M/s.Vitalo International NV, one of the contributories, as return of capital and that a further sum of Rs.2,951/-, which was payable to another contributory, M/s.Vitalo Industries NV, was waived by the said contributory because the amount is meagre. The liquidator's statement of accounts as on 25.08.2020 was audited by M/s.Menon Rai, Chartered Accountant, and the auditor opined that the statement gives a true and correct view of the accounts of the company. The final accounts were filed with the ROC on 07.11.2020. 1/3
3. The Official Liquidator has stated that there is no complaint against the company in voluntary liquidation and that the ROC issued a No Objection Letter dated 11.03.2021 and the Income-tax Department also issued a No Objection Certificate under a letter dated 16.02.2021. The said NOCs have been annexed to the report of the Official Liquidator. In these circumstances, the Official Liquidator stated that the company may be dissolved since the scrutiny of books of accounts and records does not reveal that the affairs of the company were being conducted against the interest of its members or public interest.
4. Upon taking note of the report of the Official Liquidator and the annexures thereto, there is no impediment to the dissolution of the company.
5. Accordingly, M/s.Vitalo Plastics Solutions India Private Limited, a company in voluntary liquidation, is ordered to be dissolved. The Official Liquidator is directed to complete all necessary compliances in this regard. 16.09.2022 kal SENTHILKUMAR RAMAMOORTHY, J 2/3
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