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Bombay High Court

OFFICIAL LIQUIDATOR OF VINTAGE PHARMACEUTICALS LTD. (IN LIQUIDATION)versusJ.BEN and CO. (PETITIONER)

Decided
Disposal
DISPOSED OFF

Holding

The court approved the Official Liquidator's reports and ordered the dissolution of the companies.

Summary

The High Court considered several Official Liquidator reports seeking dissolution of six companies under the Companies Act, 1956. The Official Liquidator argued that the companies had no assets, funds, or recoverable debts and that no claims had been filed despite invitations, rendering further liquidation futile. The court examined the reports and found the submissions credible, noting the absence of any assets or claims. Consequently, the court held that continuing the liquidation process would serve no purpose. The reports were therefore allowed and the companies ordered to be dissolved. All the reports were disposed of by the court.

Issues considered

  • Whether an Official Liquidator's report seeking dissolution of a company with no assets, funds, or claims should be approved by the court

Legislation cited

Subjects

  • Companies Act 1956
  • liquidation
  • dissolution
  • official liquidator
  • no assets
  • no claims
  • futility

Judgment

                                       1/4           8 TO 12-OLR-144-2026 (OS).DOC




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION


               OFFICIAL LIQUIDATOR REPORT NO. 144 OF 2026
                                       IN
                    COMPANY PETITION NO. 1055 OF 2015
                                        In the matter of Companies Act, 1
                                        of 1956;
                                               And
                                        In the matter of Hargo Pharm Pvt. Ltd.
                                        [Previously known as Erica Pharma Pvt.
                                        Ltd. Company (In Liqn.)]
M/s. Serum Institute Of India Ltd.                                   ...Petitioner
                                       AND
             (9) OFFICIAL LIQUIDATOR REPORT NO. 145 OF 2026
                                       IN
                    COMPANY PETITION NO. 952 OF 2009
                                        In the matter of Companies Act, 1
                                        of 1956;
                                               And
                                        In the matter of Trans Harbour Link
                                        Pvt. Ltd. (In Liqn.)
Vinamara Universal Traders Pvt. Ltd.                                 ...Petitioner
                                       AND
            (10) OFFICIAL LIQUIDATOR REPORT NO. 146 OF 2026
                                       IN
                    COMPANY PETITION NO. 769 OF 1998
                                        In the matter of Companies Act, 1
                                        of 1956;
                                               And
                                        In the matter of Gresoil (India) Pvt.
                                        Ltd. (In Liqn.)
M/s. Tej Gaurav Finance Ltd.                                         ...Petitioner
                                       AND



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                                        AND
               (11) OFFICIAL LIQUIDATOR REPORT NO. 148 OF 2026
                                         IN
                      COMPANY PETITION NO. 898 OF 1999
                                          In the matter of Companies Act, 1
                                          of 1956;
                                                   And
                                          In the matter of Vintage
                                          Pharmaceuticals Ltd. (In Liqn.)
J. Ben & Co. Pidlite Industries Ltd.                                     ...Petitioner
                                        AND
                                        AND
               (12) OFFICIAL LIQUIDATOR REPORT NO. 149 OF 2026
                                         IN
                      COMPANY PETITION NO. 573 OF 2014
                                          In the matter of Companies Act, 1
                                          of 1956;
                                                   And
                                          In the matter of Vividh Hospitality
                                          Pvt. Ltd. (In Liqn.)
Darshan Dairy A unit of Gujarat Milk Product Ltd.                        ...Petitioner
                                       _______
Ms. Ankeeta Appanna, (through V.C.), for the Petitioner in OLR/144/2026.
Mr. Anirudh Hariani, for the Official Liquidator.
Mr. Satyajit Roul, Official Liquidator, present.
Mr. J. P. Gautam a/w Mr. Anil Bhagure, Dy. Official Liquidator, present.
                                       _______


                                               CORAM : ARIF S. DOCTOR, J.
                                               DATE       : 10th APRIL, 2026


P.C.
1.        The captioned Official Liquidator’s Reports seek dissolution of the

companies in question, particulars of which are as follows:




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                                                 3/4            8 TO 12-OLR-144-2026 (OS).DOC




  Sr.      OLR No.     Date of winding          Funds available                   Claims
 Nos.                  up / provisional
                         liquidator
                        appointment


 8.       OLR          Company            Preliminary expenses of Claims           invited;    no
          No.144       ordered to be Rs.5000/- deposited by claims                      received.
          of 2026      would up on the Petitioner, which are However, one suo motu
          (Hargo       22       March to        be      returned    to claim     received     from
          Pharma       2018       [Para Petitioner; failing which, Petitioner. [Para 9 @ 5]
          Pvt. Ltd.)   1@1]               the same be transferred
                                          to      the      "Company
                                          Liquidation       Account"
                                          under Section 555 of the
                                          Companies      Act,   1956.
                                          [Para 12 @ 7]

 9.       OLR          Company                 NIL. [Para 13 @ 8]       Claims     invited;    no
          No.145       ordered to be                                    claims received.
          of 2026      wound up on                                      [Para 7 @ 5]
          (Trans       29      October
          Harbour      2010. [Para 1
          Link Pvt.    @ 2]
          Ltd.)

 10.      OLR          Company                 NIL. [Para 11 @ 5]       Claims     invited;    no
          No.146       ordered to be                                    claims received.
          of 2026      wound up on 7                                    [Paras 15 and 16 @ 7 &
          (Gresoil     February 2008.                                   8]
          (India)      [Para 1 @ 1]
          Pvt. Ltd.)

 11.      OLR          Company                 NIL. [Para 7 @ 4]        Claims     invited;    no
          No.148       ordered to be                                    claims received.
          of 2026      wound up on                                      However, one suo motu
          (Vintage     31       August                                  claim received. [Paras
          Pharma       2007. [Para 1                                    8-10 @ 4]




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           ceuticals      @ 1]
           Ltd.)

 12.       OLR            Company         NIL. [Para 13 @ 8]     Claims     invited;   no
           No.149         ordered to be                          claims received.
           of 2026        wound up on                            [Paras 15 and 16 @ 7 &
           (Vividh        18     March                           8]
           Hospital       2015. [Para 1
           ity     Pvt.   @ 1]
           Ltd.)



2.        Mr. Hariani, learned counsel for the Official Liquidator submits that the

reason for dissolution is that the Companies do not have any funds or assets

and/or recoverable debts. He further points out that though claims had been

invited, no claims have been received and thus it would be of no use to continue

with liquidation process.

3.        Having heard learned counsel and having perused the Official Liquidator

Reports, I find merit in the submissions made, the Official Liquidator has set out

that the Companies do not have any funds or assets and/or recoverable debts

therefore, the continuation of the liquidation process would be an exercise in

futility and would endeavor to the benefits of none. Hence the Official

Liquidator Reports are allowed.

4.        All the captioned Official Liquidator's Reports are accordingly disposed of.




                                                                      [ARIF S. DOCTOR, J.]




Vaibhav


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