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2026 Supreme(Online)(P&H) 1177

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANAND MISHRA – Appellant
Versus
KEDIA HOUSE OF MEDICINES LTD – Respondent



In the matter of M/s Kedia House of Medicines Ltd. (IN LIQN.)

Present: Ms. Shubreet Kaur, Advocate with Ms. Deepmala Bagri, Deputy Official Liquidator.

This is an application under Sections 529, 529A and 530 of the Companies Act, 1956 for seeking permission to pay admitted liability of the only petitioning creditor and for payment of balance funds amongst shareholders out of the available funds in the account of the Company (Liqn.) and for seeking permission for dissolution of the Company under Section 481 of the Companies Act, 1956.

In the present application, the following prayers have been made:

“It is therefore, most respectfully prayed before this Hon'ble Court that:-

i) the admitted liability of the petitioning creditor namely Anand Misra amounting to Rs 3,25,000/- may be permitted to be paid out of the available funds of the company (In Liqn.) as per the provisions of Section 529, 529A & 530 of the Companies Act, 1956, ii) the Official Liquidator may also be allowed to retain/adjust/pay the liquidation expenses such as Audit Fee, Govt. Commission from the funds of the company (In Liqn.)

iii) the balance funds if any, may please be allowed to be paid amongst the share-holder of the company (In Liqn.) on the basis of their shareholding as proposed herein above in para 15 of the instant application:

iv) the Official Liquidator may kindly be allowed to publish the "Dissolution Notice" inviting objections from the general public in the following news papers and publication expenses may kindly be allowed to be met out of funds of the company (in Liqn.);

1. The Tribune (English-Chandigarh/Haryana Editions)

2. Amar Ujala (Hindi-Chandigarh/Haryana Editions)”

v) In the event of no objections having been received against dissolution of the company (In Liqn.), the company namely M/S Kedia House of Medicines Limited (In Liquidation) may kindly be ordered to be dissolved under Section 481(1) of the Companies Act, 1956 and the Official Liquidator may kindly be discharged as the "Liquidator" of the Company (In Liqn.).;

vi) the filing of Final Accounts and Audit thereof in accordance with Rule 281 of the Companies (Court) Rules, 1959 may kindly be dispensed with by this Hon'ble Court;

vii) such other order/orders as may be deemed fit & proper in the present facts and circumstances of the matter may kindly be passed by this Hon'ble Court.”

It would be relevant to note that vide order dated 31.01.025, the prayers No.(i) to (iv) were allowed and subsequent to the same, the necessary publication was carried out.

On 23.05.2025, the counsel for the official liquidator had fairly pointed out that one objection vide email dated 20.03.2025 had been received from Dilbag Singh Proprietor J&J Pharmaceuticals for submitting claim. It was stated that the same was a time barred claim. However, in the interest of justice, notice was issued to J&J Pharmaceuticals (Proprietorship Firm) on 23.05.2025 for 08.08.2025. On 08.08.2025, the counsel for the J&J Pharmaceuticals (Proprietorship Firm) had prayed for an adjournment to get instructions in the matter and the case was adjourned to 19.09.2025. On 19.09.2025, none had appeared on behalf of the said firm. Even on 16.01.2026, none had appeared on behalf of the J&J Pharmaceuticals (Proprietorship Firm) and accordingly, the application field by the said firm i.e. CA-147-2025 was dismissed for non-prosecution. The arguments on behalf of the official liquidator to the effect that the claim made by the applicant was time barred was noticed. The case was thereafter adjourned to 30.01.2026 i.e. today. No application has been filed by the applicant for restoration of CA-147-2025 filed by him. It is submitted on behalf of the official liquidator that all the necessary steps have been taken in the present case which are required to be taken and there is no other objection raised by any other person to the dissolution of the company in liquidation and thus, the company may be ordered to be dissolved.

Keeping in view the abovesaid

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