Back
2019 Supreme(Guj) 680
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.J. DESAI, J.
In Re: Official Liquidator of Anik Ship Breaking Industries Limited – Appellant
R/Official Liqudator Report No. 147 of 2019 in R/Company Petition No. 338 of 1997
Decided On : 21-10-2019
Advocate Appeared:
For the Appellant : Reeta Chandarana and Official Liquidator
Headnote:
Corporate Law – Companies Act, 1956 – Section 481 – Official Liquidator – Order of Winding up – Prayed for dissolution of the company – Company Petition preferred and this court, by order the said company to be wound up and while so ordering, the official liquidator, attached to this court, came to be appointed as the Liquidator with all the powers provided under the Act. Consequential upon such order of winding up, the official liquidator directed his officials at the office of Registrar of Companies-ROC to inspect the record of company maintained by the office of the ROC to know the assets and properties, liabilities, addresses of the Directors and the date of order of winding up – Held, Provisions of Companies Act call for satisfaction of court, which needs to consider that when affairs of company, are completely wound up or when court opinion that liquidator cannot proceed for winding up or when court is of opinion that liquidator cannot proceed for winding up for want of assets or any other reasons, dissolution should be made – Official Liquidator, relying upon the auditors certificate contended that Bank Balance and FDR Balance only and no assets of Company in Liquidation are available – In light of aforesaid, submitted that report may be accepted and appropriate order of dissolution of the Company in Liquidation may be passed as prayed for – By communication given by Official Liquidator, in response to letter received from Securities Exchange Board of India, Official Liquidator reply letter stating that Official Liquidator is in process of filing of report U/S. 481 to dissolve company under Act, 1956 and requested to continue case against Ex-director of aforesaid company(In Liquidation) independently in case of dissolution – Company under Act, 1956 and requested to continue case against Ex-director of aforesaid company(In Liquidation) independently in case of dissolution – This court shall intimate to ROC said order along with copy of order, who shall also make an entry of this in his books. (Paras 11 to 13)
ORDER :
A.J. Desai, J.
1. By this report under Section 481 of the companies Act, 1956, the Official Liquidator has prayed for dissolution of the company, named Anik Shipbreaking Industries Ltd. which was ordered to be wound up vide order dated 19.03.2002 passed in Company Petition 338 of 1997.
2. Company Petition 338 of 1997 came to be preferred and this court, by order dated 19.03.2002, order the said company to be wound up and while so ordering, the official liquidator, attached to this court, came to be appointed as the Liquidator with all the powers provided under the Act. Consequential upon such order of winding up, the official liquidator directed his officials at the office of Registrar of Companies(the ROC for short) to inspect the record of the company maintained by the office of the ROC to know the assets and properties, liabilities, addresses of the Directors and the date of order of winding up.
3. The Official Liquidator found the following details:
| Name of Company | ANIK SHIPBREAKING INDUSTRIES LTD. |
| CIN No. | L99999GJ1993PLC020670 |
| Date of Incorporation | 16.11.1993 |
| Authorized Share Capital | Rs.25,00,000/- |
| Paid up Share Capital | - |
| Registered Officer | Lati Bhavan, Bhavnagar |
| Corporate Officer | 302, Panchsile, 72 sampatrao colony, productivity road, Baroda |
| Sr. No. | Name of Ex-directors | Addresses of Ex-directors |
| 01 | Mrs. Shashi Single | 5, R.K. Mission Road, Khar (W) Mumbai-52 |
| 02 | Shri Paresh R. Bhuta | 2nd Floor, Giriraj, 23, Nandanvan Society, Alkapuri, Baroda |
| 03. | Mr. Sumeet Agrawal | C-161, East of Kailash, New Delhi-7 |
| 04 | Mr. Narendra Agrawal | 176, CST Road, Santacruz, Mumbai-98 |
| 05 | Mr. Sudhir Mevadia | 402, Mangar Mevadia, R.K. Mission Road, Santcruz(W), Mumbai-87 |
| 06 | Mr. Sanjay Jain | 84, Bhuleshwar Road, 1st Floor, Bhuleshwar, Mumbai-2 |
| 07 | Manager | State Bank of India, Alkapuri, Baroda |
4. Vide order dated 26.03.2003 passed in Company Application No. 212 of 2002, Official Liquidator handed over possession of 781, Bodiwala Makan, Mama Kotha Road, Bhavnagar and vide order dated 21.02.2003 passed in Company Application No. 409 of 2002, Official Liquidator handed over possession of the property stayed at-3, Sosiya Ship Breaking yard, Ta. Talaja, Dist. Bhavnagar.
5. By communication dated 17.04.2003 Official Liquidator issued notice to Ex-directors, Secured Creditors, and petitioner, Creditors for taking possession of property situated at 212, Paradise Complex, Sayajikunj, Baroda and 824, Fortune Tower, Sayajigunj, Baroda dated 22.04.2003 but nobody remains present at that site. The representative of Official liquidator first visited at Regd. Office situated at 212, paradise Complex, Sayajigunj, Baroda, it was observed by representative of Official liquidator that in the said premises on main door a board of security agency i.e. namely Sainik Industrial Security Services, was cited thereafter the Representative of Official Liquidator met one Mr. Mohamad S. Ansari who is officer of Sainik Industrial Security Services and it is also observed that the said premise's owner is one firm, namely Jaydeep Polymers, Shri G.L. Sharma Representative of jaydeep polymers stated that the winding up company or no other companies are occupying the said premises since last 10 years. In support of his claim he produced Electricity bills, Telephone Bills, Sale deed, Baroda Municipal Tax Bills, in the above circumstances, the Representative of Official Liquidator could not take possession of the said premises.
6. The Official Liquidator visited at 824, Fortune Tower, Sayajigunj, Baroda on 22.04.2003 at 05.00 pm which was also seen same situation of Regd. Office of the company (In Liqn.) there also nobody remained present from Ex-Director, Secured Credi
