OFFICIAL LIQUIDATOR Vs. S S SATIJA

JUDGEMENT

(1.) THIS petition was filed by the official liquidator under section 454 (5) of the Companies Act, 1956 making a complaint that the directors of the company had failed to file the statement of affairs within the statutory period. The respondents have filed a reply contending that the statement of affairs could not be filed within the statutory period for the reason that the records of the company were seized by the Crime Branch in the year 1991 itself in FIR no. 81/1991 by the police of the police station Tilak Marg. Despite repeated efforts, the records were not made available for inspection by the police authorities and consequently filing of the statement of affairs was further delayed. I find that the record of this case corroborates the stand taken by learned counsel for the respondent.

(2.) THE record also shows that on 4th April, 2005, this court had noted that Mr. S. S. Satija had appeared before the official liquidator and made an oral statement with regard to the details of the assets of the company including the bank account to the official liquidator. In this background, statement of affairs based on such information available with the directors was filed but defects could not be removed. Mr. S. S. Satija stated to be in judicial custody as well. On 19th October, 2005, this court had recorded that the records of the company seized by the Crime Branch of the Delhi police in the year 1991 were not missing and that the court of the learned Metropolitan Magistrate had initiated an inquiry against the police officer.

(3.) THIS petition has been thereafter simply adjourned and has remained pending alongwith C. P. No. 167/1990.