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In the matter of Nordic Wireless India Private Limited

National Company Law Tribunal21 March 2025

Ratio decidendi

The rule this decision rests on

Where a liquidator under Section 59 of the Insolvency and Bankruptcy Code, 2016 has completed the voluntary liquidation of a corporate person, shown compliance with the statutory and regulatory requirements (including the audited financial statements, the declaration of solvency, the special resolution, the public announcement, intimation to the Income Tax Department, the preliminary and final reports, the Form H compliance certificate, and intimation to the Registrar of Companies and the Board), and established that its affairs have been wound up and its assets fully liquidated, the Tribunal may under Section 59(8) order the dissolution of the company from the date of its order.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE NATIONAL COMPANY LAW TRIBUNAL DIVISION BENCH – II, CHENNAI CP(IB)/100/(CHE)/2024 (Filed under Sec. 59(7) of the Insolvency and Bankruptcy Code, 2016) In the matter of Nordic Wireless India Private Limited

K. Gaurav Kumar, (Under Voluntary Liquidation) Liquidator of Nordic Wireless India Private Limited Reg No: IBBI/IPA-002/IP-N01241/2022-2023/14243 Address of the Liquidator: No.2, Crystal Lawn, 2B, 2nd floor, Wallace Garden, 2nd Street, Nugambakkam, Chennai – 600034.

Nordic Wireless India Private Limited CIN: U72900TN2020PTC134210 Having its office at: Plot no 99, arul nagar, 4th Street, Sivaprakasam Nagar, Soorapattu, Chennai, Tamil nadu, India, 600099. … Applicant

CORAM JYOTI KUMAR TRIPATHI, MEMBER (JUDICIAL) RAVICHANDRAN RAMASAMY, MEMBER (TECHNICAL) Present: For Applicant : Mr. K. Gaurav Kumar, PCS

Order Pronounced on 21st March 2025

O R D E R (Heard conducted through hybrid mode) This Company Petition is filed by the Liquidator in relation to the voluntary liquidation of Nordic Wireless India Private Limited with CIN:

CP(IB)/100(CHE)/2024 In the matter of Nordic Wireless India Private Limited

U72900TN2020PTC134210, under Section 59 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “IBC, 2016”), seeking dissolution of the Company viz., Nordic Wireless India Private Limited.

2. It is submitted that the applicant company Viz., Nordic wireless India

Private Limited was incorporated under the provisions of the Companies Act 2013 on 3rd February, 2020. It is submitted that the applicant company was incorporated under the name of “WIO India

Private Limited” and subsequently, the name of the applicant company was changed from “WIO India Private Limited” to “Nordic

Wireless India Private Limited” on 25th October 2021 and the certificate of incorporation pursuant to the change of name is annexed at page 15 of this application.

3. The main objects of the applicant company is to carry business of buying, selling, manufacturing, assembling, repairing, designing, altering, researching and improving, developing, exchanging, warehousing, letting on hire, importing, exporting and dealing in all sort of software and hardware for electronic, non-electronic.

Computerized and electrical items and equipment including modems, routers, circuits, wireless communication components, mobile communication components, etc., further the detailed objects of the of CP(IB)/100(CHE)/2024 In the matter of Nordic Wireless India Private Limited the applicant company is set out in the memorandum of association and the same has been annexed as “Annexure 1” of this application.

4. The authorised share capital of the applicant company is Rs.2,50,00,000/- divided into 2,50,00,000 equity shares of Rs. 1/- each and the Issued, subscribed and paid up share capital of the company was Rs. 42,01,654/- divided into 42,01,654 equity shares of Rs. 1/- each.

5. It is submitted that Palani (DIN: 09623860) and Dhanalakshmi Selvaraj (DIN: 09664463) were the directors of the company and the detailed extract is as follows:

6. It is submitted that Board of Directors of the Company that there is no significant business operations for the last few years in the company and the company was not earning any profits and the company was no longer capable of being revived and therefore has proposed to close down the company by way of voluntary liquidation. Hence, the Board meeting was held on 27.09.2023 to pass a resolution for voluntary liquidation.

CP(IB)/100(CHE)/2024 In the matter of Nordic Wireless India Private Limited

7. It is submitted that the directors of the company made a declaration of solvency on 27.09.2023 as required under section 59 of the Insolvency and Bankruptcy Code, 2016.

8. It is submitted that the Extraordinary General Meeting of the shareholders held on 29.09.2023 and passed the special resolution as required under section 59 of IBC, 2016 read with Insolvency and Bankruptcy Board of India (Voluntarily Liquidation Process)

Regulations, 2017 to liquidate the company voluntarily and has resolved to appoint the applicant herein to act as the liquidator for conducting voluntary liquidation process of the company.

9. It is submitted that the applicant herein has conducted the Voluntary

Liquidation process in respect of the company in Liquidation in accordance with the IBBI (Voluntary Liquidation Process)

Regulations, 2017. The details of the relevant compliances as mandated under Section 59 of IBC, 2016 read with IBBI (Voluntary

Liquidation Process) Regulations, 2017 are listed as follows:

S. COMPLIANCE AVERMENTS PAGE NO NO Copy of the Audited Financial statements 36-88 of the 1. Sec. 59 (3) (b) (i) for the years ending 31.03.2022, Petition 31.03.2023 and 31.08.2023. Sec 59 (3) (c) AGM dated 29.9.2023 approving the and 112-120 of 2. initiation of the voluntary liquidation Regulation the Petition and appointment of the Liquidator 3(1)(c)

CP(IB)/100(CHE)/2024 In the matter of Nordic Wireless India Private Limited

Section 59 (4) Declaration of solvency filed with 89-111 of 3. and Regulation ROC in Form GNL-2. the Petition 3 (2) Section 59 (4) Intimating Special Resolution for 124-134A of 4. and Regulation voluntary liquidation passed by the Petition 3 members in AGM Vide MGT 14 Form-A Public Announcement in 121-123 of 5. Regulation 14 Business Standard (English) and Hindu the Petition Tamil Thisai (Tamil) dated0310.2023. Intimation of Voluntary Liquidation Section 178 of IT 170-173 of 6. process to the Income Tax Department Act, 1961 the Petition dated 14.11.2023 164-169 of 7. Regulation 9 Preliminary report dated 13.11.2023 the Petition 154 and 214- Opening and Closure of Liquidation 8. Regulation34 215 of the Bank Account of HDFC Bank, petition 175-213 of 9. Regulation 38 Final report the Petition Form-H – Compliance certificate dated 179-208of 10. Regulation 38 27.03.2024 the Petition 209- 213 of 11. Regulation 38 Intimation to RoC and IBBI the Petition

10. It is submitted that, the Liquidator has not received any claims during the process of liquidation. Further, after paying the liquidation cost in full as per the provisions of Section 53(1) of IBC, 2016, Liquidator has distributed the funds among the shareholders and the detailed extract is as follows:

CP(IB)/100(CHE)/2024 In the matter of Nordic Wireless India Private Limited

CP(IB)/100(CHE)/2024 In the matter of Nordic Wireless India Private Limited

11. It is further submitted that there were no PUFE applications pending in relation to the liquidation company and Form H Compliance

Certificate shows the same as below,

CP(IB)/100(CHE)/2024 In the matter of Nordic Wireless India Private Limited

12. Thus, on examining the submissions made by the learned counsel for the applicant and after perusing the documents annexed to the Petition, it appears that the affairs of the Company have been completely wound up and the assets of the Applicant Company have been completely liquidated and as such the Applicant Company deserves to be dissolved.

13. Accordingly, in exercise of the powers conferred under Section 59(8)

of IBC, 2016, we hereby order the dissolution of Nordic Wireless India

Private Limited. The Applicant Company shall stand dissolved from the date of this order.

14. Accordingly, the Company Petition CP/IB/100/2024 stands Allowed and Disposed of.

15. The Registry and the Liquidator are directed to serve a copy of this order upon the concerned Registrar of Companies, and also to IBBI, within 14 days from the date of this Order.

-SD- -SD- RAVICHANDRAN RAMASAMY JYOTI KUMAR TRIPATHI MEMBER (TECHNICAL) MEMBER (JUDICIAL)

CP(IB)/100(CHE)/2024 In the matter of Nordic Wireless India Private Limited

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