IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction)

In the matter of the Companies Act, 1956 and In the matter of M/s.Kera Gratings (P) Limited (in Liquidation)

M.C.A. No.5/2024 in C.P.No.34/1987 Before:

The Honourable Mr. Justice G.GIRISH Thursday, the 11 ^th day of April, 2024/22 ^nd Chaithra, 1946 Petitioner:-

The Official Liquidator, High Court of Kerala, Ernakulam, representing M/s.Kera Gratings (P) Limited (in Liquidation)

Respondent Nil Misc. Company Application under Section 481 of the Companies Act, 1956 read with Rule 281 of the Companies (Court) Rules, 1959 filed by the applicant above named praying for an order:-

i) that the company M/s.Kera Gratings (P) Limited (in Liquidation) be dissolved with effect from the date of order subject to the audit and passing of the final accounts in respect of the company for the period from 01.10.2023 to 05.03.2024 which is being filed separately.

ii) that the Official Liquidator may be permitted to pay the filing fees to the Registrar of Companies, Kerala, Ernakulam on the statement of undistributed assets of the company remitted into the Companies Liquidation Account and the Statement of the accounts of the company to be filed with a copy of the dissolution order, Audit Fee, Central Government Commission due to the Central Government if any, Income Tax due to the Income Tax Department, if any, and to incur necessary incidental expenses in connection with filing of the application and such other expenses if any, that may have to be incurred in future in this case.

iii) That the Official Liquidator may be permitted to pay the balance amount that would be available at the credit of the company after meeting the expenses along with any Income Tax Refund received from the Income Tax Authorities into the Companies Liquidation Account as undistributed assets under Section 555 of the Companies Act, 1956.

iv) that the Official Liquidator may be permitted to dispenses with the filing of future accounts, reports and audit thereof;

v) that the Official Liquidator may be permitted to keep the books and records of the company only for a period of 5 years from the date of dissolution order as per the provisions of Section 550(2) of the Companies Act, 1956.

vi) that the Official Liquidator may be permitted to make suitable application to restore the company on just and equitable ground within 2 years from the date of dissolution as per Section 559(1) of the Companies Act, 1956 in case any fact, cause noticed by this office, or brought by any stake holders if any which is sufficient to revive the company.

and vii) Pass such other order or orders as may be deemed fit and proper in the premises of the case.

This Misc. Company Application coming on for orders on this day upon hearing Sri.K.Moni, Standing Counsel for the Official Liquidator, the Court passed the following:

G.GIRISH, J.

---------------------------------------------

MCA.No.5 of 2024 in C.P.No.34 of 1987 ------------------------------------------------------

Dated this the 11th day of April, 2024.

O R D E R

The Official Liquidator has filed this application under Section 481 of the Companies Act, 1956 for the dissolution of the applicant Company under liquidation.

2. It is stated that all the necessary formalities including audit are complete, and that an outstanding amount of Rs.1886/- due to the Government after the audit report has been remitted by the Official Liquidator.

3. The Official Liquidator has filed compliance report dated 18.03.2024 in the above regard.

4. Having regard to the facts stated in the affidavit of the Official Liquidator as well as the submission of the learned counsel for the Official Liquidator, it appears to be expedient in the interests of justice to pass an order as prayed for in this application.

In the result the application is disposed of with the following directions:

“i) that M/s. Kera Gratings Private Limited (in liquidation) is dissolved with effect from the date of order subject to the audit and passing of th