SUDHENDU CHOWDHURY Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) This appeal is at the instance of two former directors of a company in liquidation and is directed against an order dated May 14, 2010, passed by a learned Single Judge of this Court in C.A. No.203 of 2008. By the said order, His Lordship permitted the appellants to put the Official Liquidator with funds for the advertisement to be issued in "The Statesman" and "Sambad Pratidin", two daily newspapers, inviting claims from the creditors of the company in liquidation in a summarised form.

(2.) It was further ordered that such advertisement should be published within a period of four weeks and should indicate that if no claim relating to the company in liquidation was lodged within a fortnight from the date of publication, the Official Liquidator would proceed to take expeditious step for dissolution of the company. Being dissatisfied, the two former directors of the company have come up with the present appeal.

(3.) It appears from the record that on an application of a creditor, a learned Single Judge of this Court by order dated February 24, 2006 passed an order of winding up and such order has attained finality. Subsequently, the Official Liquidator lodged a complaint under Section 454(5) and 5A of the Companies Act for non-filing of the statements of affairs against the appellants thereby giving rise to C.A. no. 203 of 208.