Mrs. Gita Malik, Mumbai, And Another v. M/S Nandan Cleantec Limited, Hyd
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY ,THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA COMPANY PETITION NO: 19 OF 2015 ln the matter of Companies Act, 2013 And ln the matter of Nandan Cleantec Limited Between:
1. lVlrs. Gita Malik, Wo Mr. Virendra Kumar Malik, Occ: Business, R/o D601, Kaatyayni Residency, Off Mahakali Caves Road, Andheri East, Mumbai - 93.
2. Mr Virendra Kumar Malik, S/o Jawarhar Lal Mallik Occ: Business, R/o D601, Kaatyayni Residency, Off Mahakali Caves Road, Andheri East, Mumbai - 93. ...PETITIONERS AND M/s. Nandan Cleantec Limited, Plot No.46, Road No.13, Banjara Hills, Hyderabad. ...RESPONDENT Company Petition for Winding -Up of Nandan Cleantec Limited, Previously known as Nandan Biomatrix Limited and Nandan Agro Farms Pvt. Ltd. filed Under Sections 271 (1) (a),271(2)(b) and 272 of the Companies Act, 2013 read with Under Section 433 (E), 434 and 439 of the Companies Act, 1956, Read with Rule 95 of the Companies ( Court ) Rules, '1959 praying that this Hon'ble Court may be pleased to pass orders:
A) Directing that the Respondent Company, Nandan Cleantec Limited, previously known as Nandan Biomatrix Limited and Nandan Agro Farms Pvt. Ltd. ("Respondent Company"), be ordered to be wound up under the provisions of the Companies Act, 1956, under the direction, supervision and control of this Court'
T B) Directing that the Official Liquidator be appointed as the Liquidator of the said Company i.e., Nandan Cleantec Limited, with necessary powers under the Companies Act, 1956 ;
C) Directing that pending consideration, hearing and final disposal of the above Company Petition, the Official Liquidator, be appointed as the Provisional Liquidator of the assets, properties and income as also the business of the said Company i.e., Nandan Cleantec Limited ;
D) Directing that pending consideration, hearing and final disposal of the above Company Petition, the said Company i.e., Nandan Cleantec Limited by itself, its servants, agents, officers, directors, or otherwise howsoever be restrained from in any manner dealing with, disposing of alienating, transferring, encumbering, parting with possession or entering into any agreement in writing or creating any third party right or any right, title or interest.
in favour of a third party in any manner whatsoever nature in respect of the assets of the Respondent Company; and (E) That the costs of the Petition and costs towards legal expenses be provided for this Petition to the Petitioners ; and The Company Petition coming on for orders, upon reading the affidavit dated 21-01-2015 and filed by Sri Virendra Kumar Malik , 2nd Petitioner in support of the Company Petition and upon hearing the arguments of Sri K. Pavan Kumar representing Sri Ashwani Pavan Kumar, Advocate for the Petitioner. This Court doth Order:- l. That the respondent Company M/s. Nandan Clcantcc Limited be wound up by this Court, under thc provisions of the Companies Act, 1956.
2. Thal the Official Liquidator do as Liquidator of the aforesaid Company, forthwith take charge of the assets of the said Company by following due process.
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3. That thc Official Liquid.ator shall cause a sealed copy of this order to bc ser"ved on the Respondcnt Company by pre-paid registercd post;
4. That the Petitioners do advertise within 14 days of making this ordcr, notice in the prcscribcd Form No. 53 as required undgr Rule ll3 of Companies ( Court ) Rulcs 1959.
5. That the Petitioners do servc the said advertisement on the secured or other creditors as indicated in the latest Balance Sheet;
6. That thc said Petitioners do serve a certified Copy of this order on the Registrar of Companics, not later than one month from the date of this order;
7. That the said Petitioners shall tentativcly deposit a sum of lls. 1,00,000 (Rupees One lakh only ) with the Official Liquidalor towards initial qxpenses; and
8. That the costs of this petition be taxed and paid out of the assets of the Companl.
DATED This thc 'I'hurs day The Trvclfth day of December, 202'1. (BY ORDTiR ORTHE COURT) Sd/. A.V.S.S.C.S.M. SARMA, JOINT REGISTRAR NOTE; lt rvill hc thc duty of such of thc persons as arc liahle to makc out, or to concur in making out a slatemcnt of affairs, under Section 454 of this Companies Act' to attend on the Oflicial Liquidator at such timc and place as hc may appoint, and to give him all information he may required.
- FOrtM NO.
50 (tttjr.It 109) CoMPANY PETITION NO. 19 OF2O15 l. Mrs. Gita Malik W/o. Mr. \'irendra Kumar l\,lalik
2. Mr. Virendra Kumar Malik S/o. Jawahar Lal Malik ..PETITONERS T<r Thc Oflicial Liquidalor High Court for the Statc of Telangana, At Hyderabad ORDERS pronounced this da1' b1, the IIon'ble.lustice Nloushumi Bhattachan,a for rvinding up thc under mentioned Rcspondent Company under Companies Act, r 956.
1, Namc of the (iompanr M/s. Nlndan Clcantec Limile d
2. Rcgistercd Office of thc Companl, Plot No.46, Road No. 13, Banjara Hills, Hyderabad
3. I'etitioners Advocate Sri ,tshs'ani l)ar an Kumar
4. l)ate of Presentation Of thc Petition 07 -l I -2011 Copy of the affidar,it filed in support is herervith enclosetl. Sd/. A.V.S.S.C.S.M. SARMA, JOINT REGISTRAR NOTE; It will be thc duty of such of the pcrsons as are liable to make out, or to concur in making out a statement of affairs, under Section 454 of this Companies Act, to attend on the Official Liquidator at such timc and placc as he may appoint, and to give him all information he may required.
FORM NO. 53 ,// /I (See Rule 113) (Heading as in Form NO. 1) COMPANY PETITON NO. 19 OF 2OI5 .......PETITIONEITS Notice of Winding -up Order By an order made by the High Court for the State of Telangana at Hyderabad in the above matter dated the Thursday, Twelfth day of Deccmber, 2024 it was ordered the above named Company be wound-up under the provisions of the Companies Act, 1956.
f)atcd:
Atlvocate for the Petitioner
/ sd/- A.v.s.s.c.s.M. SABMA, JOTNT REGTS/RAR a/ //TRUE COPY'
SECTION OFFICER To,
1. Mrs. Gita Malik, W/o lrf, Vtrendra Kumar Malik, Occ: Business, R/o D601, Kaatyayni Residency, Off Mahakali Crre" norA', Andheri East,-M-umOri _ g5 '
2. Mr. Virendra Kumar Malik, S/o Jawarhar Lal Mallik Occ: Business, R/o D601, Kaatyayni Residency, off Mahakari cares noao, Ananeri Eisi, -rrail"or-i --g"5.'
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3. M/s. Nandan Cleantec Limited, plot No.46, Road No.13, Banjara Hills, Hyderabad.
4. The official Liquidator attached to the High court at Hyderabad, office at 1"t floor Corporate Bhawan, Nagole, Bandlaguda Thattiannaram Viltage Hayathnagar Mandal, Ranga Reddy District, Telangana State pin Code 500 680.
5 The Registrar of companies, Ministry of corporate Affaire , Government of lndia 2nd floor Corporate Bhawan, Nagole, Bandlaguda, Thattiannaram Village Hayathnagar Mandal, Ranga Reddy District, Telangana State Pin Code 500 680
6. The Regional Director, South Eastern Region, lMinistry of Corporate Affairs,3'd floor Corporate Bhawan, Nagole, Bandlaguda, Thattiannaram Village Hayathnagar Mandal, Ranga Reddy District Telangana State, pin Code 500 680.
7. The S.O. O.S. Section , High Court at Hyderabad, for the State of Telangana. B. One CC to SRl. N. ASHWANI KUMAR, Advocate tOpUCl
9. One CC to SRt. J. PRADEEP KIRAN, Advocate [OpUC] 10.Two C.D.Copies w i Kul I
\ HIGH COURT MBJ DATED:1211212024 IHE sra I4:
2l.Dr-i ?W c i) J + WINDING UP DECREE
ORDER
COMPANY PETITION No.19 of 2015 ALLOWING THE COMPANY PETI]ION Ps* ffJ":