Authority: National Company Law Tribunal, Kolkata Bench (Coram: Smt. Bidisha Banerjee, Hon'ble Member (Judicial) and Ms. Rekha Kantilal Shah, Hon'ble Member (Technical))
Order Date: 22nd June, 2026
Case Overview
The Registrar of Companies, West Bengal (Petitioner) filed this petition under Section 271(e) of the Companies Act, 2013 seeking winding up of Pushpratan Vanijya Private Limited (CIN: U51101WB2010PTC146067) under Section 271(c) of the Act. The Ministry of Corporate Affairs had directed an inspection of the company to the Office of Regional Director (Eastern Region). The Regional Director issued a notice under Section 272(3) of the Companies Act on 06.12.2022, giving the company ten days to show cause why it should not be wound up. No reply was received by the ROC. The Tribunal had previously directed service of amended petition (08.02.2024) and publication of advertisement in newspapers (09.08.2024). The petitioner complied by publishing notices in The Times of India (English) and Ei Samay (Bengali) on 24.01.2025. Despite publication, no one came forward to oppose the petition.
Final Outcome
The Tribunal admitted the petition and ordered winding up of Pushpratan Vanijya Private Limited under the Companies Act, 2013. The Official Liquidator attached to the Calcutta High Court was appointed as Company Liquidator under Section 275(1). The Registry was directed to intimate the Company Liquidator and ROC West Bengal, who must make an endorsement and notify the order in the Official Gazette as per Sections 277(1) and 277(2). The Company Liquidator must file a declaration of conflict of interest (Form WIN 10) within seven days, initiate liquidation process under Sections 277(4)-(8), 293 and 294, and perform functions including taking custody of company properties, preserving assets, examining statement of affairs, recovering company assets, reviewing audit reports, selling assets, finalizing creditor lists, compromising claims, and paying dividends. All legal proceedings against the company are stayed under Section 279(1) unless with Tribunal's leave. The Liquidator must submit a report in Form 16 within sixty days under Section 281, file periodic reports under Section 288, and prepare a provisional list of contributories within twenty-one days under Rule 28 of Companies (Winding Up) Rules, 2020. An Advisory Committee will be formed under Section 287. The matter is listed next on 14th August, 2026 for filing of periodical report.
Topics: Company Winding Up, NCLT Order, Liquidation Process