In the matter of Doc Medical Services Private Limited
- CitationCP(IB)-149-(CHE)-2024
Ratio decidendi
The rule this decision rests on
The Tribunal may order the dissolution of a company under Section 59(8) of the Insolvency and Bankruptcy Code, 2016, where, on the liquidator's application under Section 59(7), it is satisfied that the affairs of the company have been completely wound up and its assets fully liquidated, with the company's liabilities discharged and the balance distributed among its shareholders in accordance with the statutory order of payment.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE NATIONAL COMPANY LAW TRIBUNAL DIVISION BENCH (COURT– I) CHENNAI ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON 23.10.2024 THROUGH VIDEO CONFERENCING PRESENT: HON’BLE SHRI. SANJIV JAIN, MEMBER (JUDICIAL) HON’BLE SHRI. VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL) APPLICATION NUMBER : PETITION NUMBER : CP(IB)/149(CHE)2024 NAME OF THE PETITIONER(S) : Liquidator of M/s Doc Medical Services Pvt Ltd NAME OF THE RESPONDENTS : UNDER SECTION : Sec 59(7) of IBC, 2016 ORDER Present: None for the Petitioner / Liquidator. Vide separate order pronounced in Open Court, the petition is allowed. The Company M/s Doc Medical Services Pvt Ltd is dissolved. File be consigned to records.
Sd/- Sd/- (VENKATARAMAN SUBRAMANIAM) (SANJIV JAIN) MEMBER (TECHNICAL) MEMBER (JUDICIAL) MG
DIVISION BENCH – I, CHENNAI CP(IB)/149/(CHE)/2024 (Filed under Sec. 59(7) of the Insolvency and Bankruptcy Code, 2016)
In the matter of M/s. Doc Medical Services Private Limited
Mr. Shanmugakani Saraskumar, Liquidator of Doc Medical Services Private Limited (In Voluntary Liquidation) CIN: U33125TN2007PTC062048 No: 1 Ambadi Road, Kotturpuram, Chennai, - 600085 … Applicant Present: For Applicant : R. Thamizhvannan, PCS
CORAM: SANJIV JAIN, MEMBER (JUDICIAL) VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL)
Order Pronounced on 23rd October, 2024
O R D E R (Heard through hybrid mode) This is a Company Petition filed by the Liquidator in relation to the voluntary liquidation of M/s. Doc Medical Serviced Private Limited with CIN: U33125TN2007PTC062048, under Section 59(7) of the CP(IB)/149(CHE)/2024 In the matter of Doc Medical Services Private Limited.
Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “IBC,
2016”), seeking dissolution of the Company.
2. The Applicant Company was incorporated on 16.01.2007 under the provisions of the Companies Act, 1956 with authorized share capital and issued share capital as follows.
Particulars Amount in INR Authorized Share Capital: 12,50,000 Equity Shares of Rs.10/-each 3,00,00,000 17,50,000 8% Non-Cumulative Redeemable Preference Shares of Rs.10/-each
Issued, Subscribed and paid up share capital: 7,50,000 Equity Shares of Rs.10/- each 1,65,89,380 9,08,938 8% Non-Cumulative Redeemable Preference Shares of Rs.10/-each
3. The objects of the Company were to engage in the business of:
1. To carry on the business of setting up diagnostic centers, clinical laboratories and provider of all requisite service for general public and to undertake servicing and reconditioning of medical equipments and allied accessories.
CP(IB)/149(CHE)/2024 In the matter of Doc Medical Services Private Limited.
2. To organize, provide, undertake and arrange whole body scanning services at the instance of Specialist and for forward opinions to them and to arrange, undertake General Health Checkup, Scanning and X-ray and to make, buy, sell, import, export and deal in all kinds of medical equipment including scanning and other surgical instruments, Medicines of all kind and other appliance, which may be requisite in the treatment of General Public. 3. To carry on the business of Telemedicine networking in all its form and to render all types of consultancy services in the field of medicine for treatment of patients
Further details of the main objects are set out in the Memorandum of Association and the same has been filed along with the Application typed set.
3. It is stated that the Board of Directors of the Company considering that there have been no significant business operations in the Company since 31st March, 2023 and no revival plan could be worked out for the Company, proposed to close down the company by way of voluntary liquidation. Hence, a Board meeting was held on 12.01.2024 to pass a resolution for voluntary liquidation and to recommend to the members of the Company for approving the same as per the provisions contained under Section 59 of the Insolvency and CP(IB)/149(CHE)/2024 In the matter of Doc Medical Services Private Limited.
Bankruptcy Code, 2016. It is stated that a Resolution was passed to conduct the Extraordinary General Body Meeting on 22.01.2024.
4. It is stated that the Extraordinary General Meeting of the Shareholders of the Company took place on 22.01.2024 where it was resolved to appoint the Applicant herein to act as a liquidator for conducting voluntary liquidation process in relation to the Company under Section 59 of IBC, 2016.
5. It is stated that the Applicant herein has conducted the Voluntary Liquidation process in respect of the Company in accordance with the IBBI (Voluntary Liquidation Process) Regulations,
2017. The details of the relevant compliances as mandated under
Section 59 of the IBC, 2016 read with the IBBI (Voluntary Liquidation
Process) Regulations, 2017 are listed hereunder:-
S.NO COMPLIANCE AVERMENTS PAGE NO. IN THE APPLICATION Board Meeting approving voluntary liquidation and 1 Sec. 59 (3) notice for Extraordinary ANNEXURE B general meeting dated 12.01.2024
CP(IB)/149(CHE)/2024 In the matter of Doc Medical Services Private Limited.
Audited Financial statements for the years 2 Sec. 59 (3) ANNEXURE C 31.03.2022 and 31.03.2023.
EGM dated 22.01.2024 Sec 59 (3) (c) approving the voluntary 3 And Reg 3 ANNEXURE E liquidation (1)(c) Declaration of solvency Section 59 (4) filed with ROC in Form 4 ANNEXURE D and Reg 3 (2) GNL-2 dated 03.02.2024.
Special Resolution for voluntary liquidation ANNEXURE G Section 59 (4) 5 passed by shareholders in and Reg 3 EGM vide Form MGT-14 dated 29.01.2024. Form A Public Announcement in Business 6 Regulation 14 Standard (English) dated ANNEXURE F and Malai Murasu (Tamil) and IBBI website. Intimation to the Income Section 178 of Tax Department dated 7 ANNEXURE J IT Act, 1961 26.02.2024
Date of filing of 8 Reg 9 preliminary report dated ANNEXURE I 21.02.2024. Proof of closure of Liquidation Bank Account 9 Reg34 of Indian Overseas Bank, ANNEXURE M Adambakkam.
Filing Final report dated 10 Reg 38 ANNEXURE N 10.07.2024. Final report in GNL-2 filed 11 Reg 38 ANNEXURE O with the ROC
CP(IB)/149(CHE)/2024 In the matter of Doc Medical Services Private Limited.
Submission of Final Report 12 Reg 38 ANNEXURE P to IBBI Form-H – Compliance 13 Reg 38 ANNEXURE Q certificate dated 05.07.2024
6. It is stated that the Company’s assets consist only of bank balances. Hence, the valuation report to be issued by the Registered valuer as per Section 59(3)(b)(ii) of IBC, 2016 is not applicable.
7. It is stated that, after making various payments including liquidation costs paid in full as per the provisions of Section 53(1) of IBC, 2016, the Liquidator has distributed the funds among the shareholders as detailed below:
CP(IB)/149(CHE)/2024 In the matter of Doc Medical Services Private Limited.
8. Thus, on considering the submissions made by the Learned
Counsel for the Applicant and after perusing the documents annexed to the Application, we find that the affairs of the Company have been completely wound up and the assets of the Applicant Company have been completely liquidated. As such the Applicant Company deserves to be dissolved. Accordingly, in exercise of the powers conferred under
Section 59(8) of IBC, 2016, we order for the dissolution of Doc Medical
Services Private Limited. The Applicant Company shall stand
CP(IB)/149(CHE)/2024 In the matter of Doc Medical Services Private Limited.
dissolved from the date of this order. The Company Petition is accordingly allowed.
9. The Registry and the Liquidator are directed to serve a copy of this order upon the Registrar of Companies, concerned, and also to IBBI, within 14 days from the date of this Order.
Sd Sd/- VENKATARAMAN SUBRAMANIAM SANJIV JAIN MEMBER (TECHNICAL) MEMBER (JUDICIAL) Hresha. S
CP(IB)/149(CHE)/2024 In the matter of Doc Medical Services Private Limited.
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