Official Liquidator Of Areva India Pvt. Ltd. (In Voluntary Liquidation) v. Mr. Makarand M. Joshi (Voluntary Liquidator)

Digitally signed by MEERA MAHESH JADHAV Date:

2026.04.27 17:41:15 +0530 1/3 MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR REPORT NO. 160 OF 2026 In the matter of the Companies Act I of 1956 And In the matter of M/s Areva India Pvt Ltd.

(in voluntary liquidation).

Mr. Makrand M. Joshi

...Petitioner

----- Mr. Rushabh Sheth, for Official Liquidator.

Mr. Satyajit Roul, Official Liquidator present. ----- CORAM :

ARIF S. DOCTOR, J.

th APRIL 2026 DATE :

P.C.

The captioned Official Liquidator's Report seeks the following substantive directions:

"(a) Whether in view of para. (14) above, this Hon'ble Court may be pleased to direct that the aforesaid company viz., M/s Areva India Pvt Ltd. (In Vol. Liqn.) be treated as dissolved from the date of submission of this report to this Hon'ble Court;"

2.

Heard Mr. Sheth, learned counsel appearing on behalf of the Official Liquidator, who first invited my attention to the resolution dated 24 th March, 2017, by which the company, i.e., M/s Areva India Pvt Ltd. had resolved to avail of the provisions for voluntary winding up as contained in Section 490 of the Companies Act 1956.

3.

On a query from the Court as to how the company could in the year 2014

2/3 avail of the provisions of Companies Act, 1956 Mr. Sheth 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.

4.

Mr. Sheth then submitted that all the necessary compliance had been made by the Company. He first invited my attention to the letter dated 20 th January, 2026 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.

5.

Mr. Sheth then invited my attention to a letter dated 8 th July, 2021 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.

6.

Mr. Sheth then invited my attention to declaration of solvency filed by the Directors dated 23 rd March, which reads thus:- "We, Mr. John Karol Czerwin resident of 5, Rue, Papillon Paris 75009 France and Mr. Marc De Basquiat resident of 68 Bis rue Albert Sarraut Versailles 78000 France being majority of the Directors of Areva India Private Limited do solemnly affirm and declare that we have made a full enquiry into the affairs of this company and that having done so we have formed the opinion that this company-will be able to pay its debts in full within a period of 36 months from the commencement of the windingup and we append a statement of the company's assets and liabilities as at

3/3 10th March, 2017 being the latest practicable date before the making of this declaration. And we make this solemn declaration believing the same to be true.

Solemnly affirmed and declared at Mumbai the 23rd day of March 2017 before me."

7.

Mr. Sheth then submitted that 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 14 stated as follows:

"14. 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 M/s. Makarand M. Joshi & Co. 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."

8.

Having heard Mr. Sheth 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. 9.

The Official Liquidator Report is accordingly disposed of. [ARIF S. DOCTOR, J.]