Bombay High Court
OFFICIAL LIQUIDATOR OF VINTAGE PHARMACEUTICALS LTD. (IN LIQUIDATION)versusJ.BEN and CO. (PETITIONER)
- Decided
- Disposal
- DISPOSED OFF
- Bench
- ARIF S DOCTOR
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
- Companies Act, 1956 — s. 555
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
Vaibhav
2/4 8 TO 12-OLR-144-2026 (OS).DOC
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:
Vaibhav
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]
Vaibhav
4/4 8 TO 12-OLR-144-2026 (OS).DOC
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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