OFFICIAL LIQUIDATOR Vs. SURYA PARTAP SINGH

JUDGEMENT

(1.) THIS criminal complaint has been filed by the official liquidator under Sub-section (5) of Section 454 of the Companies Act, 1956 (for short "the Act"), against Surya Partap Singh, Mukta Devi and Pardip Kumar Gupta, who were the directors and managing the affairs of Syp-Chem. (India) Pvt. Limited, now in liquidation (hereinafter referred to as "the company" ).

(2.) IN a petition filed under Section 439 (5) read with sections 433 and 434 of the Act, which was registered as C. P. No. 30 of 1989, the company was ordered to be wound up. The order of winding up was passed on March 30, 1990, and the official liquidator attached to this court was appointed as its liquidator.

(3.) ON presentation of the complaint, the accused were summoned. They put in appearance and denied the commission of the offence alleged against them when their statements were recorded on January 17, 1991. The defence taken by Pardip Kumar, accused No. 3, was that he was not a director, manager or employee of Syp-Chem. (India) Pvt. Ltd. However, he had occasionally been helping the directors of the company in carrying out their business. He specifically denied that he was getting any remuneration or consideration for rendering such assistance, by the company. He further stated in his statement that he rendered assistance off and on between the years 1984 to 1988. He further stated that during his association with the company he was never entrusted with the books of account of the said company. All the accused, however, opted to lead evidence in their defence.