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2025 Supreme(Online)(Del) 47225

IN THE HIGH COURT OF DELHI AT NEW DELHI
C & C TRADING CO. VS. BAHNHOF CHEMICALS PVT. LTD.
CO.PET. 401/2012



$~C-6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.PET. 401/2012 & CO.APPLs. 522/2017, CO.APPL. 523/2017 OLR 125/2024, SHASHI KANT CHOLA .....Petitioner Through: Ms. Manisha Chaudhary & Mr.

Gurpreet Singh, Advocates for P-2.

versus RADIUS POWER INDIA P. LTD. .....Respondent Through: Mr. Amit Agrawal, Standing Counsel for OL with Ms. Lakshmi Nair, Advocate.

Mr. Rajat Joneja, Ms. Cheshta Dalal & Mr. Anmol Kumar, Advocates for R-1 to 4.

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 18.12.2025 CO.APPL. 732/2025 (application for dissolution

1. The Official Liquidator [“OL”] has filed this application under Section 481 of the Companies Act, 1956, for dissolution of the company in liquidation.

2. It is stated in the application that the OL was appointed as the provisional liquidator of the respondent - Company by an order dated 04.12.2012, and the liquidator, by an order dated 27.08.2024. Winding up citation was published in Indian Express (English Edition) and Jansatta (Hindi Edition) on 08.02.2013.

3. The registered office of the company at A-42, Wazirpur Industrial Area, West Delhi-110052 was thereafter sealed, in the presence of one of the ex-directors of the company. Subsequently, upon verification of the original documents, possession of the property was handed over to another ex-director of the company. Mr. Amit Agrawal, learned Standing Counsel for the Official Liquidator, states that the said ex-director, Ms. Praveen Aggarwal, was the owner of the premises pursuant to an order dated 03.03.2014.

4. This Court, by order dated 27.08.2024, also directed publication of notices inviting claims against the company. Pursuant thereto, notices were published in the Times of India (English Edition) and Dainik Jagran (Hindi Edition) on 27.09.2024, inviting claims to be submitted on or before 18.10.2024. However, no claims have been received.

5. Although the OL has filed CO.APPLs. 522–523/2017 against the ex-directors, alleging misfeasance and misappropriation of funds, as there are no claims against the company, the OL proposes that the petition and the pending applications be closed, subject to the deposit of liquidation expenses of Rs. 7,84,790/- bythe ex-directors.

6. There were seven ex-directors of the company, who are all arrayed as respondents in this application. Mr. Rajat Joneja, learned counsel, appears on behalf of respondent Nos. 1 to 3, and undertakes that they will deposit the said sum of Rs.7,84,790/- with the OL within a period of two weeks from today. Their undertakings are taken on record, and the respondent Nos. 1, 2 and 3 are bound down to the same.

7. Subject to the above, the application is allowed, and the company Radius Power India P. Ltd. is dissolved.

8. The OL is permitted to close the books of accounts of the company.

9. The petition and all pending applications stand disposed of.

10. The OL is at liberty to seek revival of misfeasance and misappropriation proceedings, in the event of non-compliance with the undertaking.

PRATEEK JALAN, J DECEMBER 18, 2025 ‘pv/JM’/

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