1. These proceedings relate to an opinion dated 29.09.2011 expressed by the Board for Industrial and Financial Reconstruction, Bench-II (Monitoring-II) in Case No.197 of 1989, M/s.Navsari Cotton and Silk Mills Limited. The Board for Industrial and Financial Reconstruction ("BIFR" for short) has, vide letter dated 26.04.2012, addressed to the Registrar, High Court of Gujarat, Ahmedabad recorded an opinion under Section 20(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 ("SICA" for short) that it is just and equitable that M/s.Navsari Cotton and Silk Mills Limited should be wound up. A copy of the said letter dated 26.04.2012 has also been addressed to the Official Liquidator attached to the High Court of Gujarat.
2. The Official Liquidator has submitted a report dated 25.06.2012, wherein it is stated that on receipt of the letter dated 26.04.2012 from BIFR, New Delhi, a search was made of the Company Master Details from the website of the Ministry of Corporate Affairs and it was observed that the Company, namely M/s.Navsari Cotton and Silk Mills Limited, is registered with the Registrar of Companies, Mumbai (Maharashtra). It is further stated that the Official Liquidator, vide letter dated 17.05.2012, addressed to BIFR, New Delhi, has stated that as per the Company Master Data available on the website of Ministry of Corporate Affairs, there is no Company by the name of M/s.Navsari Cotton and Silk Mills Limited, having its registered office within the State of Gujarat, and further requested BIFR to check up the records of the Company in the proceedings of Case No.197 of 1989 for confirmation of the facts. A copy of the letter dated 17.05.2012 has been placed on record as Annexure-B. It is further stated by the Official Liquidator that a letter has also been addressed to the Registrar of Companies, State of Gujarat, seeking information whether there is any company by the name of M/s.Navsari Cotton and Silk Mills Limited, having its registered office anywhere in the State of Gujarat, or whether there has been any change of the name of the said Company, whether it has shifted its registered office from any other State to the State of Gujarat, or from the State of Gujarat to any other State. The Registrar of Companies, Gujarat, vide letter dated 07.06.2012 (Annexure-D) informed the Office of the Official Liquidator that as per the Company Master Data of M/s.Navsari Cotton and Silk Mills Limited, the said Company is registered in the State of Maharashtra and has been incorporated on 31.08.1949, with Registration No.007739 (CIN U99999MH1949PTC007739), having its registered office at Backbay Reclamation, 227, Nariman Point, Mumbai - 21. It is further stated that vide letter dated 20.06.2012, addressed to BIFR, New Delhi, it has been informed that the office of the Official Liquidator has received a letter dated 07.06.2012 from the Deputy Registrar of Companies, Gujarat, to the effect that the Company in question is registered in the State of Maharashtra.
3. Heard Mr.J.S. Yadav, learned advocate for the Official Liquidator. He has reiterated the averments made in the Report filed by the Official Liquidator that have been substantially recorded hereinabove, and has submitted that in view of the above facts and circumstances, jurisdiction under the Companies Act, 1956, for winding up in respect of M/s.Navsari Cotton and Silk Mills Limited, would vest with the High Court of Judicature at Bombay. It is further submitted that in this view of the matter, the opinion and order of BIFR ought to have been sent to the Registrar, High Court of Judicature at Bombay for passing of appropriate orders.
4. Having heard the learned counsel for the Official Liquidator and upon perusal of the material on record, and as it appears that M/s.Navsari Cotton and Silk Mills Limited does not have its registered office at any place in the State of Gujarat, but is stated to be registered in the State of Maharashtra, with Registration No.007739 (CIN U99999MH1949PTC007739), having its registered office at Backbay Reclamation, 227, Nariman Point, Mumbai - 21, the Registry of this Court is directed to send the entire record of the proceedings, along with the opinion, to the Board for Industrial and Financial Reconstruction, New Delhi, for further necessary action, as expeditiously as possible.
(Smt.
Abhilasha Kumari, J.) rakesh/ Top