NILKANTA KOLAY Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) This application had been filed by one Nilkanta Kolay on 20th January, 1992 under Section 466 of the Companies Act, 1956 before the Hon'ble Appeal Court and was remanded to this Court, inter alia, with the following directions :

(2.) Some of the facts relating to the instant application are as follows : On 20th March, 1986 one Lalit Kumar Sinha filed a winding up petition being Company Petition No.120 of 1986 against the company claiming a sum of Rs. 68,000/- from the Company.

(3.) It appears from the submissions made and it is a matter of record that another winding up petition was filed against the company by another creditor Krishna Kumar Sinha being C. P. No. 121 of 1986 for non payment of Rs. 68 thousand. On 20-3-1986. Notice in respect of C. P. No. 120 of 1986 was admittedly served on the company. On 23-4-1987 the applications being C. P. No.120 of 1986 and C. P. 121 of 1986 were admitted by the Court and directions were given for advertisements. On 5-7-1988 winding up order was passed in C. P. No. 120 of 1986 against the company and official liquidator was appointed in respect of the assets of the company. On 25-4-1990 the Official Liquidator took possession of the assets of the company upon notice and in presence of the representatives of the directors of the company. In September, 1980 the Official Liquidator filed a petition of complaint, inter alia, against the ex-directors of the said company in liquidation including Nil Kanta Kolay for taking cognizance and for punishment of the offence committed by them by not filing the statement of affairs as envisaged under Section 454 of the Companies Act, 1956. On 10-9-1990 the summons were directed to be issued under Section 454 of the Companies Act, 1956 against the accused persons including Nil Kanta Kolay. On 14-11-1990 summons were served on Nil Kanta Kolay through officer in charge, Memary P. S. On 16-11-1990 Nil Kanta Kolay engaged Mr. Subhas Medda learned Advocate to represent him in the said complaint case marked as C. A. No. 220 of 1990 connected with C.P. No. 120 of 1986. On 22-11-1990 order was passed by Justice Prabir Kumar Majumdar (as His Lordship then was) in C. A. No. 220 of 1990 when Mr. Subhas Medda appeared for Nil Kanta Kolay and took direction for affidavit.