Official Liquidator Of Quadrant Communications Limited. (In Voluntary Liquidation) v. Mr. A Sekar (Voluntary Liquidator)
Digitally signed by MEERA MAHESH JADHAV Date:
2025.12.09 10:24:44 +0530 1/3 MEERA MAHESH JADHAV
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR REPORT NO. 119 OF 2025 In the matter of the Companies Act I of 1956 And In the matter of M/s. Quadrant Communications Limited.
(in Voluntary Liquidation) ----- Mr. Ranjeev Carvalho for Official Liquidator. Mr. Satyajit Roul, Official Liquidator present. Mr. Chetan Shelke, Deputy Official Liquidator present. ----- CORAM : ARIF S. DOCTOR, J.
th DECEMBER, 2025.
DATE : 5 P.C:
The captioned official liquidator report seeks the following substantive directions:
"(a) Whether in view of para. (11) above, this Hon'ble Court may be pleased to direct that the aforesaid company viz., M/s. Quadrant Communications Limited (In Vol. Liqn.) be treated as dissolved from the date of submission of this report to this Hon'ble Court;" Heard Mr. Carvalho, learned counsel appearing on behalf of the official liquidator, who first invited my attention to a resolution dated 29 th March 2017, by which the company, i.e., Quadrant Communications Ltd. had resolved to avail of the provisions for voluntary winding up as contained in Section 490 of the Companies Act 1956.
On a query from the Court as to how the company could in the year
2/3 2017 avail of the provisions of 1956 Companies Act, Mr. Carvalho placed reliance upon Companies (Transfer of Pending Proceedings) Rules 2016, from which he pointed out that all proceedings which were initiated for voluntary winding up of a company before the 1 st day of April, 2017 would continue under the provisions of the old Act, i.e., 1956. Mr. Carvalho then submitted that all the necessary compliance had been made by the Company. He first invited my attention to the letter dated th October 2025 issued by the Registrar Of Companies and pointed out how the same records that there are no charges/prosecution and complaints / inquiry / inspection and investigation are pending against the said company and the ROC had thus left it to the official liquidator to proceed under the provisions of Section 497(6) of the Companies Act 1956.
Mr. Carvalho then invited my attention to a letter dated 23 rd April 2025 issued by the Income Tax Department, which also confirms that there was no outstanding demand or any other proceedings pending against the company and basis which the Income Tax Department has given its no objection to the voluntary winding up. Mr. Carvalho then invited my attention to the final meeting of the company dated 16 th April 2025 and also to the affidavits filed by the Directors of the company which read thus:- "We, the undersigned being the Directors of Quadrant Communications Limited do solemnly affirm and declare that we have formed the opinion that the company is capable of meeting its total liabilities and that the Company will be able to pay its debts in full within a period of year from the commencement of the windingup.
We append a statement of Company's assets and liabilities as at 31st October, 2016, being the latest date before making this declaration.
3/3 We further declare that the Company's audited Annual accounts including the Balance, sheet have been filed upto date with the Registrar of Companies, Pune, Maharashtra."
Mr. Carvalho then from the last audited final resolution of the company pointed out that as on 3 rd January 2025 there were no outstanding liabilities of the said company and thus there was no impediment in winding up the said company and no prejudice would be caused to any parties. It was thus, he submitted that the official liquidator had in the captioned report in paragraph 11 stated as follows:
"11. That having regard to the fact that nothing objectionable has been found in conducting the proceedings of the Voluntary winding up of the company by Mr. A. Sekar Practicing Company Secretary, the Voluntary Liquidator of the Company, the Official Liquidator submits that the affairs of the company do not otherwise seem to have been conducted in a manner prejudicial to the interest of its members or to the public interest."
Having heard Mr. Carvalho and having noted that all the necessary compliance had been made and that the company does not have any liabilities or debt also the Income Tax Department and ROC have given their respective no objection to voluntary winding up of the company, I find that the report can be allowed in terms of prayer clause (a), which is already reproduced above.
Official Liquidator Report is accordingly disposed of. [ARIF S. DOCTOR, J.]