Official Liquidator Vs. Shree Cement Ltd.

- section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - the ex-directors of the company (in liquidation) have not yet filed statement of affairs as required under section 454(1) of the companies act, 1956. 3. having heard the learned counsel for the parties i am satisfied that the application deserves acceptance and accordingly the same is allowed.orders.k. keshote, j.1. this is an application by judge's summons under section 457(1) of the companies act, 1956 for obtaining the order of the court. the other side has not filed reply to the application nor to the affidavit filed by the official liquidator in support thereof.2. basera cement limited was ordered to be wound up under the order of the court dated 8-2-2002 in company petition no. 38/2000 and the official liquidator attached to this court was appointed as its liquidator. the ex-directors of the company (in liquidation) have not yet filed statement of affairs as required under section 454(1) of the companies act, 1956.3. having heard the learned counsel for the parties i am satisfied that the application deserves acceptance and accordingly the same is allowed.4. the official liquidator shall have the powers with the sanction of the court to settle the list of creditors/contributories and fix the date/dates for the settlement of the list of contributories and for filing of proof by the creditors of the company (in liquidation) in respect of their debts and claims for priority if any under section 530 of the companies act, 1956 and following powers shall be exercised by the official liquidator under section 457 of the act, 1956,(1) to initiate or defend any suit, prosecution, or other legal proceeding, civil or criminal, in the name and on behalf of the company;(2) to sell the immovable and movable property and actionable claims of the company by public auction or private contract, with power to transfer the whole thereof to any person or body corporate, or to sell the same in parcels;(3) to raise on the security of the assets of the company any money requisite;(4) to do all such other things as may be necessary for winding up the affairs of the company and distributing its assets.the application accordingly stands disposed of.