Authority: National Company Law Tribunal, Kolkata Bench
Order Date: 22nd June, 2026
Case Overview
The Registrar of Companies, West Bengal (Petitioner) filed an application under Section 271(d) of the Companies Act, 2013 seeking winding up of Sunglowshine Beverages Private Limited (CIN: U15500WB2012PTC173455) and its directors Ashis Sarkar (DIN: 03140202) and Sahab Uddin Khan (DIN: 03143030). The Ministry of Corporate Affairs had directed an inspection of the company vide Letter No.4/189/2013/CL-II(ER) dated 28.02.2018. The Regional Director (Eastern Region) issued a notice under Section 272(3) of the Companies Act on 23.06.2022, giving the company ten days to show cause why it should not be wound up. No response was received from the company or its directors.
The Tribunal had previously directed service of amended petition (26.12.2022) and publication of advertisement (31.08.2023) in accordance with the Companies (Winding Up) Rules, 2020. Notices were published in The Times of India (English) and Ei Samay (Bengali) on 22.03.2024. Despite proper publication and service, no objections or oppositions were received from any stakeholders.
Final Outcome
The Tribunal admitted the petition and ordered the winding up of Sunglowshine Beverages 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 notify the Company Liquidator and Registrar of Companies, who must make an endorsement and notify the order in the Official Gazette.
The Company Liquidator must file a conflict of interest declaration (Form WIN 10) within seven days, initiate liquidation proceedings under Sections 277(4)-277(8), 293, and 294, and perform functions including taking custody of company properties, preserving assets, examining statements of affairs, recovering company assets, reviewing audit reports, selling assets, finalizing creditor lists, and making payments. The liquidator must submit an initial report (Form 16) within sixty days and file periodic reports thereafter.
All legal proceedings against the company are stayed under Section 279(1) unless permitted by the Tribunal. The matter is listed next on 14th August, 2026 for filing of periodical reports.
Topics: Corporate Insolvency, Winding Up Proceedings, Regulatory Compliance