2024 Supreme(Online)(Ker) 67868
IN THE HIGH COURT OF KERALA AT ERNAKULAM
M/S VANCHINAD KURIES (P) LTD (IN LIQN.) REPRESENTED BY THE OFFICIAL LIQUIDATOR KERALA – Appellant
Versus
NIL – Respondent
MCA 32/2023
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. Vanchinad Kuries (P) Limited (In Liquidation)
M.C.A. No.32/2023 in C.P.No.14/1998 Before:
The Honourable Mr. Justice G.GIRISH Thursday, the 11 th day of April, 2024/22 nd Chaithra, 1946 Applicant Official Liquidator, High Court of Kerala, representing M/s. Vanchinad Kuries (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 above named applicant praying for an order:-
i) that the M/s. Vanchinad Kuries (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
01.10.2022 to 31.08.2023.
ii) that the Official Liquidator may be permitted to pay (1) the filing fees to the Registrar of Companies, Kerala, Ernakulam while filing the statement of Accounts of the company and certified copy of the dissolution order and related certification fee to the concerned professional in respect of filings of appropriate forms with Registrar of Companies (2)
Audit Fees due on the accounts already filed before this Hon’ble Court to be audited by the Local Fund Examiners , Ernakulam,(3) other 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 from the cash balance available to the credit of the company and if the cash balance is insufficient to meet the above expenses to transfer such required amount from the Estate and Establishment Account of the Official Liquidator;
iii) that the Official Liquidator may be permitted to dispense with the filing of future reports accounts and audit thereof;
iv) that the Official Liquidator may be permitted to preserve the books, papers and records of the company (in liqn) for a period of 5 years from the date of dissolution as provided under Section 550(2) of the Companies Act, 1956;
and v) pass such other order or orders as may be deemed fit and proper may be passed 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.
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MCA.No.32 of 2023 in C.P.No.14 of 1998 ------------------------------------------------------
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.1/- 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. Vanchinad Kurles (P) Limited (In Liquidation). (in liquidation) is 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 01.10.2022 to 31.08.2023 which is being filed separately;
ii) that the Official Liquidator is permitted to pay (1) the filing fees to the Registrar of Companies, Kerala, Ernakulam while filing the Statement of Accounts of the company and certified copy of the dissolution order and related certification fee to the concerned professional in respect of filings of appropriate forms with Regis