RUPINDER KAUR Vs. SFL INDUSTRIES LIMITED

JUDGEMENT

(1.) C.A.Nos. 829-832 of 2008 Applications allowed. Exemption from filing fair typed/certified copies of Annexures P-1 to P-13 is granted. C.P. Nos.160-163 of 2008 1. The petitions are filed for direction to the Official Liquidator to represent the company in criminal proceedings pending before Sh. S.K. Dhawan, Addl. Sessions Judge, Kurukshetra. The said criminal case was result of a complaint instituted by the State of Haryana, through Quality Centre Inspector, Kurukshetra, office of the Deputy Director Agricultural, Kurukshetra for prosecution under Section 7 of the Essential Commodities Act, 1955 for contravention of clause 19(1)(a) of the Fertilizer Control Order, 1985 . The petitioner had been summoned in the Criminal Court at the instance of one of the persons shown as accused in the complaint namely Rajinder Singh (accused No.6). On being summoned, the petitioner moved an application under Section 245 of Criminal Procedure Code seeking for discharge. The Court passed an order discharging her from personal criminal liability but still observed that she shall represent the company. She filed a petition under Section 482 of the Companies Act before this Court when the Court has passed an order in Crl. Misc. No.33795-M of 2006 observing that the case was to be remitted to the Special Judge to proceed further in the matter in accordance with law after ignoring the order passed earlier on 03.04.2006.

(2.) The petition seems to have moved again on behalf of the petitioner for setting aside the order passed on 03.04.2006 when the Court again directed that Ms. Rupinder Kaur should come present personally in Court on 04.11.2008 and the application filed on behalf of her stood dismissed.

(3.) The company has been ordered to be wound up on 26.05.2005 (Annexure P-7) and by orders of the Court, the Official Liquidator was appointed to take necessary steps in accordance with law. The order of winding up had also been directed to be published in the Indian Express (Chandigarh Edition), Dainik Bhaskar and the Punjab Govt. Gazette. It is a trite proposition of law that the company which is in liquidation shall be competent to be represented only through the Official Liquidator. Learned counsel for the petitioner relies on the provisions of the Companies Act as obtaining relevance for consideration of the application namely Section 446 and 457. Section 457 of the Companies Act reads:-