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Madras High CourtCOMP.A/419/2022ordered

The Official Liquidator v. Nil

2022-12-09Honourable Mr Justice Krishnan Ramasamy3 pages

Comp.A.No.419 of 2022 KRISHNAN RAMASAMY, J, This application is filed under Section 497(6) of the Companies Act, 1956 to pass an order to dissolve M/s.Marquip India Limited (in Voluntary Liquidation).

2. The learned Official Liquidator submitted that M/s.Marquip India Limited (hereinafter called as company) went into Members Voluntary winding up pursuant to the special resolution passed by its members on 29.11.2014 and Mr.J.J.Bennet was appointed as a Voluntary Liquidator of the company. The Final meeting of the company was held on 25.11.2022 as required under Section 497 (1) and (2) of the Companies Act, 1956. The Voluntary Liquidator appointed by the Company took over the charge of the Company under liquidation. The Voluntary Liquidator has filed his final Statement of Accounts pursuant to Section 497(3) of the Companies Act, 1956 with the Registrar of Companies (ROC). The NOC provided by the ROC on 02.06.2022 and the NOC of the Income Tax Department dated 03.08.2005 are also annexed to the report.

3. The said Voluntary Liquidator has also filed a report with the Official Liquidator. The learned Official Liquidator has verified the same 1/3

and submitted its report. He would submit that the Special resolution for members voluntary winding up was passed in General Meeting held on 29.11.2004 and the final meeting held on 25.11.2005 in terms of provisions of Section 497(1)(b) of the Companies Act, 1956 and further he stated that the scrutiny of Books of Account and Records of the company in liquidation did not reveal any instance which would lead to a conclusion that the affairs of the company were being conducted against the interest of its members or public interest.

4. In these circumstances, the learned Official Liquidator filed his report as required under Section 497(6) of the Companies Act, 1956 for the dissolution of the aforesaid company under Members Voluntary Winding up before this Court. The said report is accepted and this Court is satisfied that all the relevant procedures have been duly complied with and accordingly this application is allowed by ordering the dissolution of M/s.Marquip India Limited, a company in voluntary liquidation as prayed for. Consequently, the learned Official Liquidator is directed to complete all compliances in the above regard. 09.12.2022 shr 2/3

KRISHNAN RAMASAMY, J shr Comp.A.No.419 of 2022 09.12.2022 3/3