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2025 Supreme(Online)(NCLT) 4551

NATIONAL COMPANY LAW TRIBUNAL
Mohd Nazim Khan VS
C.P. (IB) - 152/2024



Advocates:
For the Petitioner:MOHD NAZIM KHAN

SL. No.1

NATIONAL COMPANY LAW TRIBUNAL

COURT HALL NO: II

Hearing Through: VC and Physical (Hybrid) Mode

CORAM: SHRI. RAJEEV BHARDWAJ – HON’BLE MEMBER (J)

CORAM: SHRI. SANJAY PURI - HON’BLE MEMBER (T)

ATTENDANCE-CUM-ORDER SHEET OF THE HEARING OF NATIONAL COMPANY LAW TRIBUNAL,

HYDERABAD BENCH, HELD ON 25.03.2025 at 10:30 AM

TRANSFER PETITION NO.

COMPANY PETITION/APPLICATION NO. CP (IB) No.152/59/HDB/2024

NAME OF THE COMPANY Dairy Crop Technologies Pvt Ltd

NAME OF THE PETITIONER(S) Mr. Mohd Nazim Khan

NAME OF THE RESPONDENT(S) Registrar of Companies, Telangana

UNDER SECTION 59 OF IBC

ORDER

Orders pronounced, recorded vide separate sheets. In the result, this CP(IB) No.

152/59/HDB/2024 is allowed.

Sd/- Sd/-

MEMBER (T) MEMBER (J)

Vamsi

NATIONAL COMPANY LAW TRIBUNAL [U/s.59 (7) of the Insolvency & Bankruptcy Code, 2016 r/w IBBI (Voluntary Liquidation Process) Regulations, 2017 and the NCLT Rules, 2016]

CP (IB) No. 152/59/HDB/2024 Between:

M/s Dairy Crop Technologies Private Limited (Under Voluntary Liquidation)

Represented by Mohd Nazim Khan Voluntary Liquidator IBBI Reg. No.: IBBI/IPA-002/IP-N00076/2017-18/10207 AFA Valid upto 15.10.2024 Address: MNK House, 9a/9-10, Basement East Patel Nagar, New Delhi-110008 … Applicant/Liquidator Date of Order: 25.03.2025 Coram:

Shri Rajeev Bhardwaj, Hon’ble Member (Judicial)

Shri Sanjay Puri, Hon’ble Member (Technical)

Counsel present:

For the Applicant: Mr. Mohd Nazim Khan [Per : BENCH]

O R D E R

1. This application is filed under Section 59 of the Insolvency and Bankruptcy Code, 2016 read with Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 seeking dissolution of the Corporate Person. The Applicant here is the Voluntary liquidator of the M/s Dairy Crop Technologies Private Limited (Corporate Person).

2. The facts of the case briefly are as follows:

a. The Company was incorporated on 15.03.2021 under the Companies Act, 2013 in the state of Telangana at Hyderabad. The Corporate Identification Number is U74999TG2021PTC149628. The Registered Office of the Corporate Person is situated at 4-62/1 F, Sneha Nagar Hyderabad, Habsiguda, Telangana, India, 500007.1 b. The registered office of the Applicant is situated at MNK House, 9A/9-10, Basement East Patel Nagar, New Delhi-110008.

3. The main objectives for which the company was formed as set out in the Memorandum of Asociation2 are as follows:

i. To carry on the business of purchasing, holding, leasing and sub-leasing technology assets and also providing service pertaining thereto, directly or indirectly, to companies, partnerships, societies, any form of an entity or individuals involved in the dairy business.

4. The Authorized Share Capital of the Company was Rs 15,00,000 divided into 1,50,000 equity shares of Rs 10 each. The issued, subscribed, and paid-up capital of the Company was Rs 1,00,000 divided into 10,000 Equity Shares of Rs 10 each.

Initiation of Voluntary Liquidation:

1 Master Date of the Corporate person at Annexure-1

2 Memorandum and Articles of Association of the Corporate Person at Annexure-2

5. It is submitted that the shareholders of the Corporate Person were not interested in continuing the business of the Corporate Person. At the time of the commencement of the voluntary winding-up of the Corporate Person, it was no more viable to carry on the business of the Company, and the purpose of the Company was defeated. So, the management has decided to wind up the company voluntarily.

6. It is submitted that the Board of Directors considered the matter and was of the opinion to wind up the Corporate Person voluntarily as the Corporate Person is solvent in all respects but has not been carrying any business or operations or has not made any significant accounting transaction during the last two financial years so it is viable to move for Voluntary Winding up.

7. It is further submitted that in a meeting held on 05.01.2024, the Board of Directors passed a proposal to wind up the Corporate Person voluntarily and to appoint Mr Mohd Na

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