Madras High CourtCOMP.A/435/2022ordered as prayed ofor

The Official Liquidator v. Nil

2022-12-16Honourable Mr Justice Krishnan Ramasamy3 pages

Comp.A.No.435 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.Rose Aviation Limited (in Voluntary Liquidation).

2. The Official Liquidator submitted that M/s.Rose Aviation Limited(hereinafter called as company) went into Members Voluntary winding up pursuant to the special resolution passed by its members on 30.03.2015 and Mr.R.Alagar was appointed as a Voluntary Liquidator of the company. The Final meeting of the company was held on 26.06.2015 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 15.06.2022 and the NOC of the Income Tax Department dated 29.08.2022 are also annexed to the report.

3. The said Voluntary Liquidator has also filed a report with the Official Liquidator. The Official Liquidator has verified the same and submitted its report. He would submit that the Special resolution for 1/3

members voluntary winding up was passed in General Meeting held on 24.03.2015 and the final meeting held on 26.06.2015 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 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 has been duly complied with and accordingly this application is allowed by ordering the dissolution of M/s.Rose Aviation Limited, a company in voluntary liquidation as prayed for. Consequently, the Official Liquidator is directed to complete all compliances in the above regard.

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KRISHNAN RAMASAMY, J dn Comp.A.No.435 of 2022 16.12.2022 3/3