(In Liqn.) Vs. Official Liquidator,high Court Calcutta

(In Liqn.) vs Official Liquidator,high Court Calcutta

Type Court Judgment Court Kolkata Decided Mar 14, 2014

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https://sooperkanoon.com/case/1133962

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Citation: sooperkanoon.com/1133962
Court: Kolkata High Court
Judge: Nadira Patherya
Decided On: Mar 14, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

(In Liqn.)

Respondent

Official Liquidator,high Court Calcutta

Excerpt

.....appeared either to represent the ex-directors of the company [in liquidation].or to seek time to file the statement of affairs.admittedly there exists no reasonable cause for the ex-directors to default in complying with the requirement of section 454 of the 1956 act. therefore, the ex-directors of the company [in liquidation].have attracted to themselves the penal provisions of section 454(5) of the 1956 act, the ex-directors of the company, namely, sk.shaidul hussain and naushaba shaidul, as a last chance, are given an opportunity to file their respective statement of affairs within two weeks from the date of receipt of this order. on failure to do so the ex-directors may be imprisoned or fined. that an offence has been committed cannot be ruled out and by virtue of sub-section 5a of section 454 of 1956 act, the ex-directors will expose themselves to the risk of trial. it is only for purposes of giving an opportunity to the ex-directors to close the breach committed that an opportunity has been given to them to file the statement of affairs.in default, consequence mentioned above shall be followed. let this order be communicated by the official liquidator to the ex-directors of the company [in liquidation].matter to appear in the list four weeks hence. service be kept on record. urgent certified photocopies of this order be made available to the parties, if applied for, upon compliance with all requisite formalities. ( patherya, j.) sb

Full Judgment

ORDER

SHEET CA NO.508 OF 2013 CP NO.511 OF 2010 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : REHAB LIFTING COMPANY PVT., LTD.(IN LIQN.) versus OFFICIAL LIQUIDATOR,HIGH COURT CALCUTTA AND SK.SHAIDUL HUSSIAN AND ANR.

BEFORE: The Hon'ble JUSTICE PATHERYA Date : 14th March, 2014.

MR.B.MOHANTY,OFFICIAL LIQUIDATOR The Court : By order dated 6th August, 2012 the company [in liquidation].was wound up and the Official Liquidator was directed to take possession of the assets and properties of the company [in liquidation].An attempt was made by the Official Liquidator to take possession of the assets and properties and some of the assets could be taken possession of but the details with regard to the company [in liquidation].regarding sums due and payable to it so also sums due and payable by it and further assets of the company [in liquidation].could not be ascertained as no statement of affairs has been filed by the exdirectors of the company [in liquidation].The ex-directors of the company [in liquidation].are required to file the respective statement of affairs within twentyone days under section 454(3) of the 1956 Act which time can be extended but not beyond three months or beyond the said time for special reasons recorded.

The ex-directors of the company[in liquidation].have not filed their respective statement of affairs within the time specified nor have sought extension to do so.

Therefore, this complaint has been filed by the Official Liquidator.

A copy of the said complaint has also been served on the ex-directors which has also been received by them.

But in spite of such service none has appeared either to represent the ex-directors of the company [in liquidation].or to seek time to file the statement of affaiRs.Admittedly there exists no reasonable cause for the ex-directors to default in complying with the requirement of section 454 of the 1956 Act.

Therefore, the ex-directors of the company [in liquidation].have attracted to themselves the penal provisions of section 454(5) of the 1956 Act, the ex-directors of the company, namely, Sk.Shaidul Hussain and Naushaba Shaidul, as a last chance, are given an opportunity to file their respective statement of affairs within two weeks from the date of receipt of this order.

On failure to do so the ex-directors may be imprisoned or fined.

That an offence has been committed cannot be ruled out and by virtue of sub-section 5A of Section 454 of 1956 Act, the ex-directors will expose themselves to the risk of trial.

It is only for purposes of giving an opportunity to the ex-directors to close the breach committed that an opportunity has been given to them to file the statement of affaiRs.In default, consequence mentioned above shall be followed.

Let this order be communicated by the Official Liquidator to the ex-directors of the company [in liquidation].Matter to appear in the list four weeks hence.

Service be kept on record.

Urgent certified photocopies of this order be made available to the parties, if applied for, upon compliance with all requisite formalities.

( PATHERYA, J.) sb

Same Court & Year Kolkata · 2014 Same Parties (In Liqn.) vs Official Liquidator,high Court Calcutta Same Subject Education Same Judge Nadira Patherya