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The Official Liquidator vs Nil

The Official Liquidator vs NIL

Type Court Judgment Court Kerala Orders Decided Jul 29, 2024
~3 min read
https://sooperkanoon.com/case/1294930

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
MCA/19/2019

Parties & Advocates

Appellant / Petitioner

The Official Liquidator

Respondent

NIL

Excerpt

.....this court for the period from 01/04/2019 to ernakulam, central government commission due to the central government if any, income tax due to the income tax department, if any and to incur 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;(iii) that the official liquidator may be permitted to pay the balance amountthat would be available to the credit of the company after meeting the expenses along with any income tax refund received from the income tax authorities into the companies liquidation account as undistributed assets ;(iv) that the official liquidator may be permitted to dispense with the filing of future accounts, reports and audit thereof;(v) that the books and papers of the company and of the official liquidator may be preserved according to law by the official liquidator;(vi) pass such other order or orders as may be deemed fit and proper in thepremises 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:-orderit is reported that the company has already been dissolved on by order dated 13.12.2019. this application is hence closed. sd/- t.r.ravi judge

Full Judgment

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.Vishwas Property Developers Private Limited (In Liquidation) Before: The Honourable Mr. Justice T.R.RAVI Monday, the 29th day of July, 2024/7th Sravana, 1946 Applicant The Official Liquidator High Court Of Kerala, Ernakulam, Representing M/S.Vishwas Property Developers (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 applicant above named praying for an order giving the following directions:-

(I) that the Company M/s.Vishwas Property Developers Private 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 01/04/2019 to 31/05/2019 which is being filed separately;

(ii) that the Official Liquidator may be permitted to pay the filing fees to the

Registrar of Companies, Kerala, Ernakulam on the statement of undistributed assets of the company remitted into the Companies Liquidation Account and the Statement of Accounts of the company to be filed with a copy of the dissolution order, Audit Fees due on the accounts already filed before this Court for the period from 01/04/2019 to Ernakulam, Central Government Commission due to the Central Government if any, Income Tax due to the Income Tax Department, if any and to incur 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;

(iii) that the Official Liquidator may be permitted to pay the balance amount

that would be available to the credit of the company after meeting the expenses along with any Income Tax Refund received from the Income Tax Authorities into the Companies Liquidation Account as undistributed assets ;

(iv) that the Official Liquidator may be permitted to dispense with the filing of future accounts, reports and audit thereof;

(v) that the books and papers of the company and of the Official Liquidator may be preserved according to law by the Official Liquidator;

(vi) Pass such other order or orders as may be deemed fit and proper 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:-

ORDER

It is reported that the company has already been dissolved on by order dated 13.12.2019. This application is hence closed. Sd/- T.R.RAVI JUDGE

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