Bombay High Court
OFFICIAL LIQUIDATOR OF MOLEKULE (INDIA) PVT. LTD. (IN LIQUIDATION)versusSICOM LIMITED. (PETITIONER)
- Decided
- Disposal
- DISPOSED OFF
- Bench
- ARIF S DOCTOR
Holding
The court held that continuation of liquidation where there are no assets or claims is futile and therefore allowed the Official Liquidator’s reports, resulting in dissolution of the companies.
Summary
The High Court considered a batch of Official Liquidator Reports seeking the dissolution of thirty‑seven companies under the Companies Act, 1956. Each report showed that the respective company had no assets, funds, or recoverable debts and that no claims were filed by workers or secured creditors despite public notices. The petitioner, the Official Liquidator, argued that continuing the winding‑up process would be futile and would benefit no one. The court examined the reports, noted the absence of any claims or assets, and agreed that further liquidation would serve no purpose. Consequently, the court allowed all the Official Liquidator Reports and ordered the dissolution of the companies.
Issues considered
- Whether a winding‑up proceeding should be continued when a company has no assets, funds, or recoverable debts and no claims have been filed.
- Whether the Official Liquidator’s report seeking dissolution should be approved in such circumstances.
Legislation cited
Subjects
- liquidation
- dissolution
- official liquidator
- Companies Act 1956
- lack of assets
- no claims
- futility of winding‑up
Judgment
1/12 17 TO 37-OLR-90-2026 (OS).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
(17) OFFICIAL LIQUIDATOR REPORT NO. 90 OF 2026
IN
COMPANY PETITION NO. 1173 OF 2015
In the matter of Companies Act, I
of 1956
And
In the matter Of Super Rubber
And Engineering Company Pvt.
Ltd. (in Liquidation)
M/s Shriram City Union Finance Ltd. ...Petitioner
AND
(18) OFFICIAL LIQUIDATOR REPORT NO. 91 OF 2026
IN
COMPANY PETITION NO. 597 OF 2016
In the matter of Companies Act, I
of 1956
And
In the matter Of Xeco Marketing
Pvt. Ltd. (in Liquidation)
Axis Bank Ltd. ...Petitioner
AND
(22) OFFICIAL LIQUIDATOR REPORT NO. 97 OF 2026
IN
COMPANY PETITION NO. 613 OF 2016
In the matter of Companies Act, I
of 1956
And
Areeb
2/12 17 TO 37-OLR-90-2026 (OS).DOC
In the matter Of Molekule (india)
Pvt. Ltd. (in Liquidation)
Sicom Limited. ...Petitioner
AND
(23) OFFICIAL LIQUIDATOR REPORT NO. 98 OF 2026
IN
COMPANY PETITION NO. 1063 OF 2015
In the matter of Companies Act, I
of 1956
And
In the matter Of Sumo Industries
Private Limited. (in Liquidation)
M/s Sankur Refractory And Minerals Proprietor
Shri Khemraj Gajanand Todi ...Petitioner
AND
(24) OFFICIAL LIQUIDATOR REPORT NO. 99 OF 2026
IN
COMPANY PETITION NO. 722 OF 2014
In the matter of Companies Act, I
of 1956
And
In the matter Of Alscapes
Architectural Systems Private
Limited. (in Liquidation)
HNG Float Galss Limited. ...Petitioner
AND
(25) OFFICIAL LIQUIDATOR REPORT NO. 100 OF 2026
IN
COMPANY PETITION NO. 563 OF 2015
Areeb
3/12 17 TO 37-OLR-90-2026 (OS).DOC
In the matter of Companies Act, I
of 1956
And
In the matter Of Delta Infra
Limited. (in Liquidation)
Sanghvi Movers Limited. ...Petitioner
AND
(26) OFFICIAL LIQUIDATOR REPORT NO. 101 OF 2026
IN
COMPANY PETITION NO. 687 OF 2009
In the matter of Companies Act, I
of 1956
And
In the matter Of Luminus Energy Pvt. Ltd. (in Liquidation)
Versus
Susan Monteiro Executive Luminus Energy Pvt. Ltd. (petitioner) ...Respondent(s)
AND
(27) OFFICIAL LIQUIDATOR REPORT NO. 103 OF 2026
IN
COMPANY PETITION NO. 302 OF 2002
In the matter of Companies Act, I
of 1956
And
In the matter Of Sona
Reprographics Pvt. Ltd. (in
Liquidation)
The Kishore Trading Co. Ltd. (petitioner) ...Respondent(s)
AND
(28) OFFICIAL LIQUIDATOR REPORT NO. 104 OF 2026
IN
Areeb
4/12 17 TO 37-OLR-90-2026 (OS).DOC
COMPANY PETITION NO. 1057 OF 2000
In the matter of Companies Act, I
of 1956
And
In the matter Of Mantosh Exports
Pvt. Ltd. (in Liquidation)
Bank Of Baroda ...Petitioner
AND
(29) OFFICIAL LIQUIDATOR REPORT NO. 105 OF 2026
IN
COMPANY PETITION NO. 626 OF 2009
In the matter of Companies Act, I
of 1956
And
In the matter Of Cutedge
Technologies Pvt. Ltd. (in
Liquidation)
M/s. Reliance Communication Infrastructure Ltd. ...Petitioner
AND
(30) OFFICIAL LIQUIDATOR REPORT NO. 106 OF 2026
IN
COMPANY PETITION NO. 119 OF 1991
In the matter of Companies Act, I
of 1956
And
In the matter Of Super Indium
Co. Pvt. Ltd. (in Liquidation)
The Edge Communications Pvt. Ltd. ...Petitioner
AND
Areeb
5/12 17 TO 37-OLR-90-2026 (OS).DOC
(31) OFFICIAL LIQUIDATOR REPORT NO. 108 OF 2026
IN
COMPANY PETITION NO. 347 OF 2013
In the matter of Companies Act, I
of 1956
And
In the matter Of Volgadelite
Plastic Udyog Pvt. Ltd. (in
Liquidation)
Sanjay Narsinghani, Proprietor Of M/s.global Impex ...Petitioner
AND
(32) OFFICIAL LIQUIDATOR REPORT NO. 109 OF 2026
IN
COMPANY PETITION NO. 1255 OF 2015
In the matter of Companies Act, I
of 1956
And
In the matter Of Astha Infra Engg.
(india) Pvt. Ltd. (in Liquidation)
Spartan Engineering Industries Pvt. Ltd. ...Petitioner
AND
(33) OFFICIAL LIQUIDATOR REPORT NO. 110 OF 2026
IN
COMPANY PETITION NO. 101 OF 2012
In the matter of Companies Act, I
of 1956
And
In the matter Of Quantum E-
services Pvt. Ltd. (in Liquidation)
Areeb
6/12 17 TO 37-OLR-90-2026 (OS).DOC
M/s. Earthtech Enterprises Limited. ...Petitioner
AND
(34) OFFICIAL LIQUIDATOR REPORT NO. 112 OF 2026
IN
COMPANY PETITION NO. 801 OF 2014
In the matter of Companies Act, I
of 1956
And
In the matter Of Makharia Trade
And Industries Private Limited.
(in Liquidation)
Mr Vikas A Makharia ...Petitioner
AND
(35) OFFICIAL LIQUIDATOR REPORT NO. 113 OF 2026
IN
COMPANY PETITION NO. 1023 OF 2001
In the matter of Companies Act, I
of 1956
And
In the matter Of Triton Over
Water Transport Agency Ltd. (in
Prov. Liqn.)
Security Andpersonnel Services Pvt Ltd. ...Petitioner
AND
(36) OFFICIAL LIQUIDATOR REPORT NO. 114 OF 2026
IN
COMPANY PETITION NO. 530 OF 2000
In the matter of Companies Act, I
of 1956
And
Areeb
7/12 17 TO 37-OLR-90-2026 (OS).DOC
In the matter Of Chandulal
Rameshwardas Imports Ltd. (in
Liquidation)
Lloyds Finance Ltd. ...Petitioner
AND
(37) OFFICIAL LIQUIDATOR REPORT NO. 115 OF 2026
IN
COMPANY PETITION NO. 255 OF 2002
In the matter of Companies Act, I
of 1956
And
In the matter Of Nobiletto
Finlease And Investment Pvt. Ltd.
(in Liquidation)
Kotak Madindra Bank Ltd. ...Petitioner
_______
Ms. Akanksha Agrawal, for Official Liquidator.
Mr. Satyajit Roul, Official Liquidator.
Mr. Chetan Shelke, Dy. Official Liquidator present.
Mr. Anil Bhagure, Dy. Official Liquidator present.
Mr. Girish Kedia for Ed-Director in ORL No. 108 of 2026 (CP/347/2013)
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 27th FEBRUARY, 2026
P.C.
1. The captioned Official Liquidator’s Reports seek dissolution of the
companies in question, particulars of which are as follows:
Sr. OLR No. Date of Funds Claims
Nos. winding up / available
Areeb
8/12 17 TO 37-OLR-90-2026 (OS).DOC
provisional
liquidator
appointment
17 OLR No. 90 27/08/2018 Nil Claims were invited via
of 2026 in CP No. advertisements published on
(Super 1173 of 21/01/2026 with last date for
Rubber & 2015 filing as 05/02/2026. No claims
Engineering were received from workers
Company and secured creditors. (para 9 –
Private 11)
Limited)
18 OLR No. 91 04/05/2018 Nil Claims were invited via
of 2026 in CP No. advertisements with last date as
(Xeco 597 of 2016 05/02/2026. No claims were
Marketing received from workers and
Pvt Ltd) secured creditors. (para 11-12)
22 OLR No. 97 13/07/2018 Nil Claim notice published on
of 2026 in CP No. 21/01/2026 with last date as
(Molekule 613 of 2016 05/02/2026. No other claims
(India) were received. One prior claim
Private was filed by Dy. Commissioner
Limited) of State Tax, Mumbai.
(para 9)
23 OLR No. 98 08/02/2018 Nil Claim notice published in
of 2026 in CP No. March 2021, but no claims
(Sumo 1063 of received. One prior claim was
Industries 2015 filed by Comm. of State Tax.
Private (para 5)
Limited)
24 OLR No. 99 26/02/2015 Nil Claim notice was published on
of 2026 in CP No. 22/01/2026 with last date as
Areeb
9/12 17 TO 37-OLR-90-2026 (OS).DOC
(Alscapes 722 of 2014 05/02/2026, but no claims
Architectural received (para 10)
Systems Pvt.
Ltd.)
25 OLR No. 100 04/01/2018 Nil Claims were invited via notice
of 2026 in CP No. published on 21/01/2026 with
(Delta Infra 563 of 2015 last date as 05/02/2026. No
Limited) claims were received (para 11)
26 OLR No. 101 30/03/2016 Nil Claims were invited via notice
of 2026 in CP No. published on 22/01/2026. No
(Luminus 687 of 2009 claims were received. (para 10-
Energy 11)
Private
Limited)
27 OLR No. 103 29/06/2010 Nil Claims were invited via notice
of 2026 in CP No. published on 01/02/2026 with
(Sona 302 of 2002 last date as 15/02/2026. No
Reprographic claims were received. (para 7)
s Private
Limited)
28 OLR No. 104 18/03/2010 5,000/- Claims were invited via notice
of 2026 in CP No. published on 01/02/2026 with
(Mantosh 1057 of last date as 15/02/2026. No
Exports 2000 claims were received. (para 8)
Private
Limited)
29 OLR No. 105 23/07/2010 Nil Claims were invited via notice
of 2026 in CP No. published on 01/02/2026 with
(Cutedge 626 of 2009 last date as 15/02/2026. No
Technologies claims were received. (para 10)
Pvt. Ltd.)
Areeb
10/12 17 TO 37-OLR-90-2026 (OS).DOC
30 OLR No. 106 04/10/1994 1,936/- Claims were not invited due to
of 2026 in CP No. lack of assets and sufficient
(Super 119 of 1991 funds.
Indium Co. A suo moto claim was received
Private from Sales Tax Department (Rs.
Limited) 9,52,135) (para 13, 14)
31 OLR No. 108 06/02/2015 38,970/ Claims were invited via notice
of 2026 in CP No. - published on 15/01/2026 with
(Volgadelite 347 of 2013 last date as 31/01/2026. No
Plastic Udyog claims received. One suo moto
Private unsecured claim received from
Limited) Henkel Adhesives Technologies
India Private Limited for Rs.
89,41,038 (para 11)
32 OLR No. 109 20/04/2018 Nil Claims were invited via notice
of 2026 in CP No. published on 20/03/2019 with
(Astha Infra 1255 of last date as 08/04/2019. No
Engg. (India) 2015 claims were received. (para 5)
Private
Limited)
33 OLR No. 110 05/02/2015 Nil Claims were invited via notice
of 2026 in CP No. dated 17/01/2026 with last date
(Quantum E- 101 of 2012 as 30/01/2026. No claims were
Services filed. (para 10)
Private
Limited)
34 OLR No. 112 13/04/2017 10,000 Claims were invited via
of 2026 in CP No. advertisements published with
(Makharia 801 of 2014 last date as 31/01/2026. No
Trade and claims were received. (para 10)
Industries
Private
Areeb
11/12 17 TO 37-OLR-90-2026 (OS).DOC
Limited)
35 OLR No. 113 13/02/2003 18,347 Claims were not invited due to
of 2026 in CP lack of assets and sufficient
(Triton No.1023 of funds. No suo moto claims were
Overwater 2001 filed (para 14)
Transport
Agency
Limited)
36 OLR No. 114 09/04/2010 Nil Claims were invited via
of 2026 in CP No. advertisements with last date as
(Chandulal 530 of 2000 31/01/2026. No claims were
Rameshward received. (para 10-11)
as Imports
Limited)
37 OLR No. 115 15/12/2010 948.50 Claims were not invited due to
of 2026 in CP No. lack of funds. No suo-moto
(Nobiletto 255 of 2002 claims were received. (para 9)
Finlease &
Investment
Private
Limited)
2. Ms. Agrawal submits that, the reason for dissolution is that the Companies
do not have any funds or assets and /or recoverable debts. She 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
Areeb
12/12 17 TO 37-OLR-90-2026 (OS).DOC
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 Reports are accordingly disposed of.
[ARIF S. DOCTOR, J.]
Areeb
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