SANJEEV KUMAR BHARDWAJ Vs. GHANSHYAM DASS

JUDGEMENT

(1.) By the present petition S/Shri Sanjeev Kumar Bhardwaj, Raj Kumar Sharma, Anil Kumar Bhardwaj and Amit Kumar Bhardwaj have sought directions against the respondents, namely, S/Shri Ghanshyam Dass, Phool Kumar and Shiv Kumar Bhardwaj for restoring company's tenanted premises i.e. ground floor of property bearing No.18, Mehrauli, New Delhi. That the respondents 1 and 2 to render the accounts and handover the record of the company and also render the accounts of the sale of the bus. Further respondent No.1 be restrained from running the tea stall in the premises of the company. In order to get relief, petitioner has invoked the provisions of Section 541, 542 and 543 (Schedule XI), read with Section 406 and 402 (0 of the Companies Acl,1956 .(hereinafter called the Act) read with Rules 6, 9 and 11(19) of the Companies (Court) Rules, 1959 (hereinafter called the Rules).

(2.) Before we proceed to discuss the case on merits, lets have quick glance to the relevant provisions of the Act invoked by the petitioner in this petition, namely, Section 541, 542, 543, 406 and 402(f) of the Act, which are reproduced as under :

(3.) On the hearing of an application under this sub-section, the Official Liquidator or the liquidator, as the case may be, may himself give evidence or call witnesses.