The Court's decision emphasized the importance of following legal procedures in the winding up of a company and the consequences of non-compliance by the Ex-Directors.

ORDER :

1. The Official Liquidator for M/s.Alka Fiber Pvt. Limited (in liquidation) has submitted the following report :

1. That the above named company has been ordered to be wound up vide order dated 10.12.2018 passed by this Court in Company Petition No.464 of 2016 and the Official Liquidator attached to this Court has been appointed as Liquidator of the company with directions to take charge of all the movables and immovables including all the accounts, books and other relevant records of the company.

2. That upon receipt of the said winding up order, the Official Liquidator deputed his official at the office of the Registrar of Companies, Ahmedabad (Gujarat), for taking inspection of the records available at the office of the Registrar of Companies, Ahmedabad to ascertain the details of the registered office, assets of the company and the particulars of the Ex-Directors and secured creditors, etc. of the company (in liquidation). While taking inspection of the concerned file of the company (in liquidation) with the ROC, Ahmedabad, it was observed that there are only two secured creditors i.e., State Bank of India and International Asset Reconstruction Company Pvt. Ltd (IARC). It was also observed that the company’s registered office and other properties are situated at the following premises :

Registered Office : 304, 21st Century Business Centre, Ring Road, Surat, Gujarat – 395002.

Description of Property (as mentioned in Form CHG-1)

1. Property bearing Flat No.603, 6th Floor, “B” Building, Shiv Dhara Apartment, Near V.R. Mall, Near Rahul Raj Mall, Surat Dumas Road, Village: Rundh, Sub-District: Choryasi, District: Surat-394550.

2. All rights, title and interest in Flat No.603 super built up area admeasuring 185.80 sq.mtrs its built up area admeasuring 119.38 sq.mtrs on 6th floor, together with undivided proportionate share in underneath land admeasuring 67.44 sq.mtrs. of “B” Building of “Shiv Dhara” Apartment, constructed on the land bearing City Survey Nondh Nos.427/A [Old City Survey Nos.284 to 303, 305 to 376 and 426, 427 admeasuring 4189.00 sq.mtrs.] City Survey Sheet No.4 Chalta No.115 of [Rev.S.No.62/1 admeasuring 30600.00 sq.mtrs] of village Rundh, Sub-District Choryasi, Dist: Surat and surrounded by :

3. Property bearing Flat No.403, 4th Floor, Mandap Apartment at Asopalav Co-operative Housing Society Ltd., near Bejan Wala (residential society), Causeway Road, Tad Wadi, Village: Rander, Taluka: Choryasi, District: Surat-395005.

All rights, title and interest in Flat No.403 admeasuring about 760.00 sq.fts. equivalent to 70.63 sq.mtrs on 4th Floor, together with undivided proportionate share in underneath land admeasuring 21.18.80 sq.mtrs of Mandap Apartment at Asopalav Co operative Housing Society Ltd., constructed on the land bearing Rev.S.No.283 T.P. Scheme No.14 [Rander Adajan] F.P.No.39 of village Rander, Taluka Choryasi. Dist. : Surat and surrounded by :

4. Property bearing Flat No. D/401, 4th Floor, Karma Yagna Building at Karmabhumi Complex, near Jalaram temple, Opp. Omkar Society, Mini Virpur Road, Palanpur, Zakaat Naka, Village Palanpor, Taluka Choryasi, District: Surat-395009.

All rights, title and interest in Flat No.D/401 admeasuring 575.00 sq. fts. equivalent to 53.44 sq.mtrs on 4th Floor, together with undivided proportionate share in underneath land of Karma Yagna Building at Karmabhumi Complex, constructed on the western side of land admeasuring 631.00 sq.mtrs of Plot No.3 of land bearing Rev.S.No.32/1 its Block No.60 of village Palanpor, Taluka Choryasi, Dist : Surat and surr