HARYANA DRUGS AND PHARMACEUTICALS LTD Vs. K SINGHAL

JUDGEMENT

(1.) M/s. Haryana Drugs and Pharmaceuticals Ltd. (in liquidation) was ordered to be wound up by this court on 6. 1. 1995. The Official Liquidator attached to this court was appointed as liquidator of the company.

(2.) The present complaint had been filed by the Official Liquidator under sub-section (5) to section 454 of the Companies Act, 1956 (for short, 'the Act') read with rule 125 of the Companies (Court) Rules, 1959. It had been asserted that the intimation of winding up order was received on 18. 1. 1995. The copies of the formal winding up order were received on 20. 3. 1995. The Official Liquidator along with an official 'of his office visited the office of the Registrar of Companies, Delhi and Haryana, for inspection of the records of the company. He also visited the factory premises of the company at Jind, Rohtak Road Anoopgarh. There were no ex-directors of the company present, and, therefore, the inventory of machinery and books was not made. Even the office of the company maintained at A-301, Ansal Chamber I, Bhikaji Cama Place, New Delhi, was lying locked. In terms of the provisions of section 454 of the Act, it was mandatory on the part of the ex-directors to make out and submit to the Official Liquidator a statement as to the affairs of the company in the prescribed form. None of the respondent accused has submitted statement of affairs despite registered notices. The Official Liquidator asserts that the respondent accused are knowingly and deliberately flouting and violating the provisions of section 454 of the Act. They have not prayed for any time to be extended for furnishing the said statement. Hence, the present complaint.

(3.) Respondent No. 1 (K. Singhal) and respondent No. 2 (Ajay Singhal) have been declared to be proclaimed offenders.