In re Electronic Circuits Limited (In Liquidation) v. ABC
2015-03-20
ALOK SHARMA
body2015
DigiLaw.ai
JUDGMENT 1. - This company application seeking dissolution of M/s. Electronic Circuits Limited in liquidation has been filed under Section 481 of the Companies Act, 1956 (hereinafter 'the 1956 Act'). 2. M/s. Electronic Circuits Limited (in Liquidation) with its registered office at A-315(A), RIICO Industrial Area, Bhiwadi District Alwar was ordered to be wound-up by the Company Court on 4-10-1996 in SB Company Petition No.25/1996. The official liquidator attached to this Court was appointed as the liquidator of the Company from the date of winding-up. 3. During pendency of the winding up proceedings of M/s. Electronic Circuits Limited (in Liquidation) as per provisions of Section 456(2) of the 1956 Act the properties and effects of the company in liquidation were taken in custody of the Court. They were then liquidated wherefrom the Official Liquidator realised a sum of Rs. 50,00,000/- from the sale of assets of the company in liquidation. After inviting claims of the creditors, or disbursed the amount to respective creditors. Thereafter under order dated 19-9-2014 of the Company Court in SB Company Application No.70/2014 a sum of Rs. 1,58,154/- has been paid to Employees Provident Fund Organisation as full and final claim. As on date of filing application Rs. 4,55,858.10 is lying in the account of company in liquidation. Pursuant to order dated 23-1-2015 advertisement was published in newspaper inviting objection to the proposed dissolution of the company. 4. Counsel submits that company in liquidation presently has neither any fund nor any assets for realization. As such no possibility of any realisation and/ on distribution on that count obtains. Hence this application for dissolution of the company as the winding up proceedings against the company in liquidation are pending since 1996 without any fruitful result or potential thereof. Counsel further submits that as the affairs of the company have been completely wound up, as detailed above, keeping the matter pending any further would be of no avail. In the circumstances it would be appropriate, just and reasonable as provided under Section 481 of the 1956 Act to grant permission for dissolution of the company in liquidation. 5. Heard Ms. Sonal Singh, counsel for Official Liquidator. Noted contents of the application and the material placed on record. In the circumstances obtaining, this Court considers it appropriate to order dissolution of the Company M/s. Electronic Circuits Limited (in Liquidation) as provided under Section 481 of the 1956 Act.
5. Heard Ms. Sonal Singh, counsel for Official Liquidator. Noted contents of the application and the material placed on record. In the circumstances obtaining, this Court considers it appropriate to order dissolution of the Company M/s. Electronic Circuits Limited (in Liquidation) as provided under Section 481 of the 1956 Act. Accordingly, the Company in Liquidation stands dissolved under Section 481 of the 1956 Act. The Official Liquidator is directed to transfer the balance amount Rs. 4,55,858.10 in the Public Account of India in Reserve Bank of India under Section 555(2) of the 1956 Act. 6. Consequently, the company application disposed of accordingly. *******