OFFICIAL LIQUIDATOR Vs. VINAY BAGAL

JUDGEMENT

(1.) The aforesaid application has been filed by the Official Liquidator under Sections 82 and 83 of the Code of Criminal Procedure, 1973 read with Section 454 (5A) of the Companies Act, 1956, interalia, praying for taking cognizance of the offence committed by Vinay Bagla (opposite party) under Section 454 (5) and (5A) of the Companies Act, 1956, and for attachment of property of Vinay Bagla (opposite party), and for issuance of proclamation regarding attachment and sale of the property "C-775, New Friends Colony, P.S. New Friends Colony, New Delhi".

(2.) An Affidavit, sworn by Shri S. K. Saxena, Official Liquidator on 5-11-2003, has been filed in support of the aforesaid application.

(3.) It is, interalia, stated in the said affidavit that the company, namely, M/s. Viniyoga Clothex Limited (in liquidation) was ordered to be wound up by the order dated 24-4-1998 on the recommendation of the Board for Industrial and Financial Reconstruction (BIFR); and that complaint was filed by the Official Liquidator for non-filing of the Statement of Affairs by the opposite party as provided under Section 454 of the Companies Act, 1956; and that upon the said complaint, this Court took cognizance of the offence and issued summons to the opposite party for compliance and filing of the Statement of Affairs of the company; and that the said summons were returned as unserved; and that thereafter, this Court issued bailable warrant compelling appearance of the opposite party; and that as the opposite party did not turn up, non-bailable warrant was issued by this Court, which was later returned as unserved with an endorsement "absconding" by the Chief Metropolitan Magistrate, New Delhi; and that in the circumstances, the aforesaid application has been filed seeking the directions mentioned above.