A company may be wound up under Section 271(c) of the Companies Act, 2013, when its affairs are conducted in a fraudulent manner, such as operating money transfer services without regulatory approval and misappropriating vendor deposits.

ATTENDANCE CUM ORDER SHEET OF THE HEARING OF NATIONAL COMPANY LAW TRIBUNAL, CHENNAI BENCH, HELD ON 21.04.2026 AT 10.30 A.M. THROUGH VIDEO CONFERENCING:

PRESENT: SHRI. JYOTI KUMAR TRIPATHI, HON'BLE MEMBER (JUDICIAL)

SHRI. RAVICHANDRAN RAMASAMY, HON'BLE MEMBER (TECHNICAL)

APPLICATION NUMBER : --

PETITION NUMBER : CP(CA)60(CHE)2022

NAME OF THE PETITIONER : The Roc

NAME OF THE RESPONDENT(S) : Obotap E Solutions Pvt Ltd

UNDER SECTION : Sec 271-272 of CA, 2013

ORDER

Present: Ld. Counsel Mr. Avinash Krishnan Ravi for the Petitioner.

Vide separate order pronounced in open court, CP(CA)60(CHE)2022 is Allowed.

(Under Section 271-272 of the Companies Act, 2013 r/w Companies (Winding Up) Rules, 2020)

ORDER

(Heard through Hybrid mode)

This is a Petition filed by the Registrar of Companies, under Section 271 and, 272 of companies Act, 2013 by inter alia seeking to wind up the Company viz. Obotap E solutions Private Limited hereinafter referred to as ‘Company’).The prayer of the Petitioners are extracted below,

a) To pass winding up order against the Subject Company in terms of Section 271 (c) of the Companies Act, 2013.

b) To appoint the Official Liquidator, High Court of Madras as Liquidator in accordance with Law.

c) To direct the Official Liquidator to wind up the Subject Company in accordance with Law, and

d) To pass such orders or further orders which may deem to be fit and proper in the interest of Justice.

2. The Company was incorporated under provisions of the Companies Act, 2013 with the Registrar of Companies, Chennai, and Tamil Nadu on 20.11.2018 The Registered Office of the Company is situated at Campus 3A, 2ndfloor, RMZ Millenia, No. 11, MGR Main Road, Kandancavadi, Perungudi Chennai – 600096.

3. The main object of the Company as per the Memorandum of Association is extracted hereunder,

I. To carry on the business of on line shopping, net marketing, Internet advertising and marketing, creating virtual malls, stores, shops, creating shopping catalogues, providing secured payment processing, net commerce solutions for business to business and business to consumers, online trading in and outside of India but does not include banking and money circulating business.

II. To carry on business of buying, selling, reselling, importing, exporting, transporting, storing, developing, promoting, marketing or supplying, trading, dealing in any manner whatsoever in all type of goods on retail as well as on wholesale basis in India or elsewhere.

The detailed objects are annexed in Pg. No. 9-13 of the company petition

4. It is stated that the Nominal Share capital of the Company is Rs. 9,00,000/- (Rupees nine Lakhs only) as per the basic information as available in the MCA 21 portal and no further details of share capital is available as the subject Company had failed to file any statutory documents since incorporation.

SUBMISSIONS MADE BY THE PETITIONERS:

5.1 It is submitted that Ministry based on a complaint received from Shri. Kirit Somaiya, Hon'ble MP, during 2019 suggested an Inquiry under section 206 (4) of the Company Act, 2013 and accordingly, an Inquiry report was submitted to the Ministry through the Regional Director (Southern Region). During the course of the inquiry, it was found that the subject Company provided with an online platform to the vendors/dealers who are domestic entrepreneurs. The online platform provided is to enable the vendors to do "Domestic Money Transfer" (DMT) activities, wherein Vendors Load money into the Accounts of the subject Company for an amount "X" before the DMT of any beneficiary.

5.2 It is stated that subject Company announced an incentive scheme in which every vendor that loads an amount of Rs. 5.0 Lakhs, an incentive of Rs. 5000/- will