ORDER : 1. The Official Liquidator for M/s.Alka Fiber Pvt. Limited (in liquidation) has submitted the following report : 1. That the above named company has been ordered to be wound up vide order dated 10.12.2018 passed by this Court in Company Petition No.464 of 2016 and the Official Liquidator attached to this Court has been appointed as Liquidator of the company with directions to take charge of all the movables and immovables including all the accounts, books and other relevant records of the company. 2. That upon receipt of the said winding up order, the Official Liquidator deputed his official at the office of the Registrar of Companies, Ahmedabad (Gujarat), for taking inspection of the records available at the office of the Registrar of Companies, Ahmedabad to ascertain the details of the registered office, assets of the company and the particulars of the Ex-Directors and secured creditors, etc. of the company (in liquidation). While taking inspection of the concerned file of the company (in liquidation) with the ROC, Ahmedabad, it was observed that there are only two secured creditors i.e., State Bank of India and International Asset Reconstruction Company Pvt. Ltd (IARC). It was also observed that the company’s registered office and other properties are situated at the following premises : Registered Office : 304, 21st Century Business Centre, Ring Road, Surat, Gujarat – 395002. Description of Property (as mentioned in Form CHG-1) 1. Property bearing Flat No.603, 6th Floor, “B” Building, Shiv Dhara Apartment, Near V.R. Mall, Near Rahul Raj Mall, Surat Dumas Road, Village: Rundh, Sub-District: Choryasi, District: Surat-394550. 2. All rights, title and interest in Flat No.603 super built up area admeasuring 185.80 sq.mtrs its built up area admeasuring 119.38 sq.mtrs on 6th floor, together with undivided proportionate share in underneath land admeasuring 67.44 sq.mtrs. of “B” Building of “Shiv Dhara” Apartment, constructed on the land bearing City Survey Nondh Nos.427/A [Old City Survey Nos.284 to 303, 305 to 376 and 426, 427 admeasuring 4189.00 sq.mtrs.] City Survey Sheet No.4 Chalta No.115 of [Rev.S.No.62/1 admeasuring 30600.00 sq.mtrs] of village Rundh, Sub-District Choryasi, Dist: Surat and surrounded by : On or towards North by Talav On or towards South by T.P. Road On or towards East by F.P. No. of T.P. 4 On or towards west by T.P. Road. 3. 3. Property bearing Flat No.403, 4th Floor, Mandap Apartment at Asopalav Co-operative Housing Society Ltd., near Bejan Wala (residential society), Causeway Road, Tad Wadi, Village: Rander, Taluka: Choryasi, District: Surat-395005. All rights, title and interest in Flat No.403 admeasuring about 760.00 sq.fts. equivalent to 70.63 sq.mtrs on 4th Floor, together with undivided proportionate share in underneath land admeasuring 21.18.80 sq.mtrs of Mandap Apartment at Asopalav Co operative Housing Society Ltd., constructed on the land bearing Rev.S.No.283 T.P. Scheme No.14 [Rander Adajan] F.P.No.39 of village Rander, Taluka Choryasi. Dist. : Surat and surrounded by : On or towards North by Toran Apartment On or towards South by Passage and Flat No.406 On or towards East by Flat No.404 On or towards west by Passage 4. Property bearing Flat No. D/401, 4th Floor, Karma Yagna Building at Karmabhumi Complex, near Jalaram temple, Opp. Omkar Society, Mini Virpur Road, Palanpur, Zakaat Naka, Village Palanpor, Taluka Choryasi, District: Surat-395009. All rights, title and interest in Flat No.D/401 admeasuring 575.00 sq. fts. equivalent to 53.44 sq.mtrs on 4th Floor, together with undivided proportionate share in underneath land of Karma Yagna Building at Karmabhumi Complex, constructed on the western side of land admeasuring 631.00 sq.mtrs of Plot No.3 of land bearing Rev.S.No.32/1 its Block No.60 of village Palanpor, Taluka Choryasi, Dist : Surat and surrounded by : On or towards North by Flat No.D/402 On or towards South by Margin land On or towards East by Road On or towards west by Flat No.D/404 5. Property bearing Plot No.5-A of village Mota Borsara, Kim, Sub-District Mangrol, District: Surat. Behind Sai Weigh Bridge, near electric transformer, Off. Kim Station Road, situated on the land bearing Block No.148 of village Mota Borsara, Surat 394110. All that piece and parcel of the land bearing Plot No.5-A admeasuring 812.00 sq.yards equivalent to 678.91 sq.mtrs towards southern side [constructed area 131.65 sq.mtrs] of Plot No.5 situated on the land bearing Block No.148 [Rev.S.No.190] of village Mota Borsara, Sub-District Mangrol, Dist : Surat and surrounded by : On or towards North by Plot No.5/B/1 On or towards South by Plot No.6 On or towards East by Block No.147 On or towards west by Road 6. Property bearing Flat No.A/302, 3rd Floor, “A” Building at Shiv Nandan, Opp. Nandini-II, Near Swapna Sangini, behind Nandanvan-II, Off Canal Road, Vesu VIP Road, village Vesu, Sub District Choryasi, District Surat 395007. Property bearing Flat No.A/302, 3rd Floor, “A” Building at Shiv Nandan, Opp. Nandini-II, Near Swapna Sangini, behind Nandanvan-II, Off Canal Road, Vesu VIP Road, village Vesu, Sub District Choryasi, District Surat 395007. All rights, title and interest in Flat No.A/302 built up area admeasuring 1271.00 sq.fts equivalent to 118.08 sq.mtrs on 3rd Floor, together with undivided proportionate share in underneath land admeasuring 66.17 sq.mtrs of “A” Building at “Shiv Nandan” constructed on the land bearing Final Plot No.133 admeasuring about 4806.00 sq.mtrs. (Old Final Plot No.133 admeasuring about 4800 sq.mtrs.) of New Rev.S.No.423 its Old Rev.S.Nos.379/1, 379/2 of T.P. Scheme No.2 (Vesu-Bharthanal, situated at village Vesu, Sub District Choryasi, Dist : Surat and surrounded by : On or towards North by Road On or towards South by Open Land On or towards East by Road On or towards west by “C” Building Property bearing Flat No.A/202, 2nd Floor, “A” Building at Shiv Nandan, Opp. Nandini-II, Near SwapnaSangini, behind Nandanvan-II, Off Canal Road, Vesu VIP Road, village Vesu, Sub District Choryasi, District Surat 395007. All rights, title and interest in Flat No.A/202 built up area admeasuring 1271.00 sq.fts equivalent to 118.08 sq.mtrs on 2nd Floor, together with undivided proportionate share in underneath land admeasuring 66.17 sq.mtrs of “A” Building at “Shiv Nandan” constructed on the land bearing Final Plot No.133 admeasuring about 4806.00 sq.mtrs. (Old Final Plot No.137 admeasuring about 4800 sq. mtrs.) of New Rev.S.No.423 its Old Rev.S.Nos.379/1, 379/2 of T.P. Scheme No.2 [Vesu-8harthanal], situated at village Vesu, Sub District Choryasi, Dist : Surat and surrounded by : On or towards North by Road On or towards South by Open Land On or towards East by Road On or towards west by “C” Building 7. Property bearing Flat No.901, 9th Floor, Shiv Mangal Apartment at Satyam Co-operative Housing Society Ltd, Athwalines Road, Parle point, Umra, Zakaat Naka, Choryasi, Surat. Property bearing Flat No.901, 9th Floor, Shiv Mangal Apartment at Satyam Co-operative Housing Society Ltd, Athwalines Road, Parle point, Umra, Zakaat Naka, Choryasi, Surat. All rights, title and interest in Flat No.901 super built up area admeasuring 1750.00 sq.fts equivalent to 194.44 sq.yards equivalent to 162.63 sq.mtrs its built up area 805.00 sq.fts equivalent to 74.80 sq.mtrs equivalent to 89.44 sq.yards on 9th Floor, together with undivided proportionate share in underneath land of “Shiv Mangal Apartment” at Satyam Cooperative Housing Society Limited, constructed on the land bearing Plot Nos.1,2 and 3 of Rev.S.No.41/9 T.P. Scheme No.5 [Umra-North] F.P.No.90 Part of village Umra, City Surat, Sub District Choryasi, Dist : Surat and building surrounded by : On or towards North by F.P.No.89 On or towards South by F.P.No.85 On or towards East by F.P.No.84/A On or towards west by F.P.No.91 8. Property bearing Hall No. 503, Block No.59, 5th Floor, Pramukh Doctor House, Puna Kumbhariya Road, Parvat Patiya, Surat-395011 [R.S. No.45/3). All that piece and parcel of the property bearing Hospital Hall No.503 admeasuring about 1096 sq.feet on the 5th Floor of “Doctors House” situated on the land bearing R.S. No. 45/3. Block No. 59 of village Dumbhal which has been given F.P. No.8 in T.P. Scheme No.53 [Magob-Dumbhai] in City of Surat and surrounded by : On or towards North by Internal Space and lift On or towards South by Surat-Kadodara main road On or towards East by Margin space & other building On or towards west by Hall No. 504 9. Property bearing Hall No.504, Block No. 59, 5th Floor, Pramukh Doctor House, Puna Kumbhariya Road, Parvat Patiya, Surat-395011 [R.S. No. 45/3]. All that piece and parcel of the property bearing Hospital Hall No.504 admeasuring about 1096 sq.feet on the 5th Floor of “Doctors House” situated on the land bearing R.S. No.45/3. Property bearing Hall No.504, Block No. 59, 5th Floor, Pramukh Doctor House, Puna Kumbhariya Road, Parvat Patiya, Surat-395011 [R.S. No. 45/3]. All that piece and parcel of the property bearing Hospital Hall No.504 admeasuring about 1096 sq.feet on the 5th Floor of “Doctors House” situated on the land bearing R.S. No.45/3. Block No.59 of village-Dumbhal which has been given F.P. No.8 in T.P. Scheme No. 53 [Magob-Dumbhal] in City of Surat and surrounded by : On or towards North by Internal Space and lift On or towards South by Surat-Kadodara main road On or towards East by Passage and Hall No. 503 On or towards west by Open to Sky As per Registrar of Companies, Ahmedabad, Gujarat, search report, it is observed that there is no immovable property however there was a charge created on movable property of the company by State Bank of India and International Asset Reconstruction Company Private Limited (IARC) as per search report and available record in Registrar of Companies, Gujarat, Ahmedabad. It was also observed that the following directors of Company are on record of Registrar of Companies. The names & address thereof are as under : 1. Shri Jignesh Shirishchandra Bhavsar, 403, Mandapa Tower, Rander Road, Surat - 395 005 Gujarat). 2. Shri Mohmedshoib Ismail, Essack, PO-Kathor, Kamrej, Surat - 394 150 Gujarat). 3. That it is most respectfully submitted that the Official Liquidator has written a letter dated 22.02.2019 to the Ex-Directors of the company in liquidation) requesting them to remain present at the aforesaid premises of the company to handover possession of the assets of the said company to the representatives of the Official Liquidator. The Official Liquidator has also issued letter dated 22.02.2019 to all the Ex-Directors as well as secured creditors and petitioner creditors with request to remain present at aforesaid registered office on 22.02.2019 at the time of taking over possession of said registered office of the company in liquidation). 4. That the Official Liquidator deputed its representative to take possession of the registered office of the company in liquidation) situated at 304, 21st Century Business Centre, Ring Road, Surat, Gujarat-395002. Despite advance notice, none of the Ex-Directors / secured creditors / petitioner were present. 4. That the Official Liquidator deputed its representative to take possession of the registered office of the company in liquidation) situated at 304, 21st Century Business Centre, Ring Road, Surat, Gujarat-395002. Despite advance notice, none of the Ex-Directors / secured creditors / petitioner were present. On reaching at the registered office of the company, it was observed that the office was in the name plate of “GAB & Associates”, Chartered Accountants & the officials of the Official Liquidator who were deputed for taking over possession of the registered office had met to Shri. CA Amarchand Agarwal and he had informed that the said property was purchased by him through auction made by State Bank of India, Stressed Asset Management Branch, Ellisbridge, Ahmedabad, and as a proof of that they had provided the supporting documents and refused to hand over the possession. 5. That the Official Liquidator deputed its representatives to take possession of all the tangible movable machinery & other movables situated at Hall No. 503 & 504, Block No. 59, 5th Floor, Pramukh Doctor House, Punakumbhariya Road, Parvat Patiya, Surat, on 11.03.2019. On reaching the site, when we reached at the above mentioned property, it was locked. Mr. Jignesh Bhavsar, Ex-Director of the company had informed that the said property is in the name of Late Shri Devang Hareshbhai Pandya. As a part of ownership proof Mr. Jignesh Bhavsar had provided copy of sale deed of both property and the accordingly officials of the office of the Official Liquidator had not taken the possession of both the properties. 6. That the official liquidator most respectfully submits that the officials of the office of the Official Liquidator had reached at Flat No. 403, 4th Floor, Mandap Apartment, Asopalav Co. Op. Housing Society, Near Bejan wala Society, Causeway Road, Tadwadi, Village Rander, Tal. Chauryasi, Dist.: Surat-390 005 for taking possession of the property of the above mentioned property. On reaching the site, it was observed that the property was locked. Mr. Jignesh Bhavsar, Ex-Director of the company had informed that the said property is his personal property and as a proof of ownership, he had provided the copy of the sale deed and also refused to hand over the possession. 7. On reaching the site, it was observed that the property was locked. Mr. Jignesh Bhavsar, Ex-Director of the company had informed that the said property is his personal property and as a proof of ownership, he had provided the copy of the sale deed and also refused to hand over the possession. 7. That the Official Liquidator most respectfully submits that the officials of the office of the Official Liquidator had reached at Flat No. D-401, 4th Floor, Karma Yojana Building, at Karma Bhumi Complex, near Jalaram temple, Opp. Omkar Society, Mini Virpur Road, Palanpor Jakatnaka, Ta. Chauryasi, Dist. Surat - 395 009 for taking possession of the property of the above mentioned property. On reaching the site, the said property was locked. Then we had met to Mr. Nareshbhai Solanki and he informed us that the said property is in the name of his wife Mrs. Rajniben N. Solanki and as a part of ownership proof, he had provided a copy of sale deed in the name of Mrs. Rajniben N. Solanki, Copy of electricity bill payment receipt and property tax payment receipt. Accordingly being personal property, the official of the Official Liquidator had not taken the possession of the property. 8. That the Official Liquidator most respectfully submits that the officials of the office of the Official Liquidator had reached at Plot No.5-A, Village Mota Borsara, Kim, Sub District Mangrol, Dist. Surat, Behind Sai Weigh Bridge, Near Electric Transformer, off. Kim Station Road, Block No. 148, Surat - 394110. On reaching the site, it was observed that the said property was an open plot and also saw some RCC construction over there but it was in broken condition. Mr. Jignesh Bhavsar, Ex-Director of the company was present and he had informed that the said property is in the name of Late Mr. Devang Pandya. He further informed that the above mentioned property is in the charge of International Asset Reconstruction Private Limited IARC). On the basis of above facts and circumstances, we could not take possession of the property. Further Mr. Jignesh Bhavsar had assured us to provide the documents of the said property within 3 days directly to the office of the Official Liquidator. However, till date no such documents are received by the office of the Official Liquidator. 9. On the basis of above facts and circumstances, we could not take possession of the property. Further Mr. Jignesh Bhavsar had assured us to provide the documents of the said property within 3 days directly to the office of the Official Liquidator. However, till date no such documents are received by the office of the Official Liquidator. 9. That the Official Liquidator most respectfully submits that the officials of the office of the Official Liquidator had reached at Flat No. A/302, 33 Floor, Shiv Nandan Residency, Opp. Nandini -II, Off. Canal Road, Vesu VIP Road, Village Vesu, Sub District Chauryasi, Surat - 395 007. On reaching the above site, we observed that the said property was sealed and on the door of the property possession notice was pasted by State Bank of India and also notice of Surat Municipal Corporation was pasted for outstanding dues. Further no one from Ex-Directors and other secured creditors and petitioners were present despite of advance notice given to them. On the basis of above facts and circumstances, we had taken symbolic possession of the said property and pasted notice of winding up subject to approval of the Hon'ble Court after verification of documents on receipt from concerned authority i.e. M/s. International Asset Reconstruction Pvt. Ltd IARC). 10. That the official liquidator most respectfully submits that the officials of the office of the Official Liquidator had reached at Flat No. 603, 6th Floor, “B” Block, Shiv Dhara Residency, Behind V R Mall, Village, Rundh, Surat - 394 550. On reaching the above site, we observed that the said property was locked and on the door of the property possession notice was pasted by State Bank of India and also notice of Surat Municipal Corporation was pasted for outstanding dues. Further no one from Ex-Directors and other secured creditors and petitioners were present despite of advance notice given to them. On the basis of above facts and circumstances, we had taken symbolic possession of the said property and pasted notice of winding up subject to approval of the Hon’ble Court after verification of documents on receipt from concerned authority i.e. M/s. International Asset Reconstruction Pvt. Ltd IARC). 11. That the Official Liquidator most respectfully submits that the officials of the office of the Official Liquidator had reached at Flat No. 901, 9th Floor, Shiv Mangal Apartment, Satyam Co. Op. 11. That the Official Liquidator most respectfully submits that the officials of the office of the Official Liquidator had reached at Flat No. 901, 9th Floor, Shiv Mangal Apartment, Satyam Co. Op. Housing Society Ltd, Athwalines Road, Parle Point, Umra, Zakat Naka, Surat. On reaching the above site, we observed that the said property was locked and on the door of the property possession notice was pasted by State Bank of India and also notice of Surat Municipal Corporation was pasted for outstanding dues. Further no one from Ex-Directors and other secured creditors and petitioners were present despite of advance notice given to them. On the basis of above facts and circumstances, we had taken symbolic possession of the said property and pasted notice of winding up subject to approval of the Hon’ble Court after verification of documents on receipt from concerned authority i.e. M/s. International Asset Reconstruction Pvt. Ltd IARC). 12. That the Official Liquidator most respectfully submits that the Official Liquidator had wrote a letter to International Asset Reconstruction Pvt. Ltd IARC) dated 20.03.2019 informing that the office of the Official Liquidator had taken symbolic possession of the property as mentioned in Para 9, 10 & 11 forming part of this report and requested to International Asset Reconstruction Pvt. Ltd IARC) to furnish a copy of notice u/s. 13 1), 13 2), 13 3), and 13 4) of SARAFES! Act, 2002 as duly prescribed under the law, copy of valuation or any concerned documents, etc. for verification of the above mentioned property. Further in response to the said letter the office of the official liquidator had received a letter dated 09.04.2019 received on 12.04.2019) from International Asset Reconstruction Pvt. Ltd IARC) along with copy Index - 2, mentioning the name of seller and buyer buyer being the mortgagor). 13. That the Official Liquidator most respectfully submits that the Office of Official Liquidator, appointed panel Advocate in the panel maintain by Official Liquidator for investigation of title of all properties mentioned in para - 2 of this report and requested them to kindly go through the records i.e. Revenue Record/ Land Records available with the concerned authorities and submit title of Assets of the company in due course. 14. 14. That the Official Liquidator further most respectfully submits that the Official Liquidator has called the Ex-Directors of the company on 22-02-2019, 20-03-2019, 30-04-2019 and 13-06-2019 for recording of statement under Rule 130 of Companies Court) Rule, 1959 and also issued notice to file a Statement of Affairs under Section 454 of the Companies Act, 1956. In this connection, the Official Liquidator most respectfully submits that none of the Ex-Directors were appeared for recording of statement under rule 130 of the Companies Court) Rule, 1959. 2. In view of the aforementioned submissions, this Court passes the following order : (1) The action of the Official Liquidator for not taking the possession of the registered office of the company (in liquidation) situated at 304, 21st Century Business Centre, Ring Road, Surat, Gujarat 395002, due to the reasons mentioned in the application in paragraphs 4 to 8, is ratified. (2) The action of the Official Liquidator in taking the symbolic possession of all the tangible properties and other movables, due to the reasons mentioned in the application in paragraphs 9 to 11, is ratified. (3) The Official Liquidator is permitted to appoint panel advocate for investigation of title of the properties mentioned in paragraph 2 of the report and to submit title search report for the said properties. Such title search reports thereafter be placed before this Court for further orders. (4) The Official Liquidator is permitted to initiate criminal proceeding against the Ex-Directors under Section 454(5) of the Companies Act, 1956, for non-filing of Statement-of-Affairs. 3. The Official Liquidator Report stands disposed of accordingly.