03

ORDER SHEET OF THE HEARING ON 12^th APRIL, 2024, 10:30 A.M.

CP/23/GB/2023

Present: 1. Hon’ble Member (Judicial), Shri H.V. Subba Rao

2. Hon’ble Member (Technical), Shri Satya Ranjan Prasad

The Registrar of Companies, NER

Vs

M/s Chandrabangshi Nidhi Limited

IN THE MATTER OF 2.Rathindra Das Laskar

3.Kanak Ranjan Das

4.Snigdha Mondal Das

UNDER SECTION U/s 271(c) of Companies Act, 2013

For Petitioner (s) : For Respondent (s) :

ORDER

Order Pronounced through VC vide separate sheets.

Sd/- Sd/-

Satya Ranjan Prasad H.V. Subba Rao Member (Technical) Member (Judicial)

Zeba (PS)

In the matter of:

Winding up petition under the provisions of Section 271 (c) & (d) of the Companies Act, 2013;

-And-

In the matter of:

The Registrar Of Companies, Guwahati, Ministry of Corporate Affairs, having its office at 1^st Floor, BSNL Bhawan Building, Ananda Ram Baruah Road, Pan Bazaar, Guwahati, Assam- 781001 … Petitioner -Versus-

Chandrabangshi Nidhi Limited (CIN: U65929AS2018PLC018317), a Company incorporated under the provisions of the Companies Act, 2013 and having its registered office at Ambicapatty Pechai Mia Road C/O- Subrata Banik & Subir Banik Cachar, Cachar Assam -788004;

Rathindra Das Laskar (DIN: 7970484), Managing Director of Chandrabangshi Nidhi Limited, presently residing at 12, Sreema Road, Tikerbasti, R.K. Mission Road, Ward No.

25, Silchar, P.O- Vivekanand Road, Chitbitabichia, pt Ix, Cachar, Assam-788007;

Kanak Ranjan Das (DIN: 8013967), Director of Chandrabangshi Nidhi Limited, presently residing at C/o Kumud Ranjan Das, Lantu Grant, Vtc: Sadagram (Sapagram), P.O. Dholai Bazar, Sub District: Sonaicachar, Assam- 788114;

Snigdha Mondal Das (DIN: 8020876), Director of Chandrabangshi Nidhi Limited, presently residing at W/O Rathindra Das Laskar, R.K. Mission Road, Sreemaa Road Tik, Chitbitabichia Pt Ix, Cachar, Chincur, E, Cachar, Assam-788007;

...Respondent No. 1 to 4 _____________________________________________________________________________________

Coram:

Shri H. V. Subba Rao : Member (Judicial)

Shri Satya Ranjan Prasad : Member (Technical)

Appearances (through video conferencing):

For the Petitioners : Mr. D.N. Choudhury, ROC, NER Order reserved on: 20.03.2024 Order pronounced on: 12.04.2024

O R D E R

1. This application has been filed by the Registrar of Companies, Guwahati (ROC), with the prayer that Company- Chandrabangshi Nidhi Limited having CIN: U65929AS2018PLC018317, be wound up by this Tribunal under the provisions of Section 271 (c) and (d) read with 272(1)(d) and 272(3) of the Companies Act, 2013 and the Official Liquidator attached to the Hon’ble High Court, Gauhati be appointed and be directed to take possession of the assets and properties both movable and immovable, including books of accounts and records and bank accounts of the said Company.

2. It is submitted that the Ministry of Corporate Affairs, vide its letter No. 5/27/2020/CL-

VII dated 05.02.2021, directed to conduct Inspection in respect of M/s Chandrabangshi Nidhi Limited under section 206 (5) of the Companies Act, 2013. Copy of the Ministry’s letter dated 05.02.2021 has been annexed with the petition.

3. It is submitted that during the course of inspection in the matter of Chandrabangshi Nidhi Limited, it was asked to furnish certain documents/information from the Company and its Directors vide Letter No. ROC/Insp/Chandrabangshi/1053-57 dated 25.02.2022. The company failed to submit the documents and information sought for by this office. Again, a reminder Letter No. ROC/Insp/Nidhi/018317/05-08 dated 04.04.2022 was issued to the Company and its Directors in this regard. Upon failure on part of the Company to furnish the documents and information again, summons were _____________________________________________________________________________________

issued to the Directors vide Letter No. ROC/Insp/Nidhi/018317/09-12 dated

04.04.2022.

4. It is further submitted that Mr. Rathindra Das Lashkar, Managing Director of the company appeared before the Inspecting Officer (IO) on 20.04.2022 and recorded