Official Liquidator Of Chemifine International Pvt. Ltd. (In Liquidation) v. Bifr (Petitioner)
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by VASANT ANANDRAO IDHOL Date:
2026.02.10 10:56:14 +0530 VASANT ANANDRAO IDHOL OFFICIAL LIQUIDATOR REPORT NO.40 OF 2026 IN COMPANY PETITION NO.11 OF 1994 In the matter of Companies Act, I, 1956 And In the matter of Chemifine International Private Limited (In Liqn.) Board for Industrial and Financial Reconstruction (B.I.F.R.)
...Petitioner
Mr.Rushabh Sheth for the Official Liquidator. Mr.Satyajit Roul, Official Liquidator and Mr.J.P. Gautam, Dy.Official Liquidator are present.
CORAM : ARIF S. DOCTOR , J.
DATE : 6TH FEBRUARY, 2026.
P.C. :- 1.
The Official Liquidator has by way of the present Official Liquidator Report sought the following reliefs :- a). In view of para (9) of this report, whether this Hon'ble Court may be pleased to dispense with the filing of Misfeasance proceedings by the Official Liquidator as required under section 543 (2) of the 1/3
Companies Act, 1956, if any;
b) In view of para (10) of this report, whether this Hon'ble Court may be pleased to dispense with the filing of Half Yearly Accounts and Final Account by the Official Liquidator as required under Rule 298 of the Companies (Court) Rules, 1959; c) In view of para (12) of this report, whether this Hon'ble Court may be pleased to consider it being just and reasonable to order dissolution of the company viz. Chemifine International Private Limited under section 481(1) of the Companies Act, 1956 as the Official Liquidator cannot further proceed with winding up of the company for want of for want of funds and assets;
d) In view of para (13) of this report, whether this Hon'ble Court may be pleased to permit the Official Liquidator to preserve the records of the company for five years as per the provisions Section 550(2) of the Companies Act, 1956 and thereafter destroy such records;
e) In view of para (14) of this report, in case at a later stage if any objection is received from any of the creditors of the Company (In Liqn.), whether this Hon'ble Court may be pleased to permit the Official Liquidator to file necessary report seeking dissolution of the company as void under provisions of Section 559 of the Companies Act, 1956 ;
2.
Heard Mr.Sheth for the Official Liquidator. Perused the Official Liquidator Report. Mr.Sheth points out that the company in liquidation does not have any assets nor are there any 2/3
funds available and submit that to invite claim would be futiled. He has also invited my attention to the various orders passed by this Court in which this Court in similar circumstances has ordered the dissolution of the company in liquidation. Having due regard to the above submissions made in the Official Liquidator's Report and the submissions made by him, the same would have to be allowed and is accordingly allowed in terms of prayer clauses (a) to (e).
3.
The Official Liquidator's Report is accordingly disposed of.
(ARIF S. DOCTOR, J.) 3/3