OFFICIAL LIQUIDATOR Vs. G.C. BHANDARI

JUDGEMENT

(1.) Instant company application No. 548 dt. 06.01.2012 has been filed by the Official Liquidator under Rule 9 of the Companies Court Rules, 1959 read with Sec. 151 CPC for recalling the order dt. 05.12.2008 deleting the name of Sh. G.C. Bhandari, who was one of the promoter director of M/s. B.T. Conductors Pvt. Ltd. (Company in liquidation), died during pendency of the proceedings on 07.02.2007. The brief facts that culled out from the averments made in the application indicates that the original Company Application No. 29/1993 was filed under Sec. 542 & 543 (1) of the Companies Act, 1956 for repayment and restoration to the Company in liquidation impleading the directors of the Company as respondents and late GC Bhandari, being one of the promoter director of the Company, was impleaded as respondent No. 1 in the Original Company Application No. 29/1993.

(2.) Notices of the Company Application No. 29/1993 were served upon late GC Bhandari, counsel appeared on his behalf and reply was filed and issues were framed and during pendency G.C. Bhandari died on 07.02.2007. This Court would like to note that Sh. T.C. Bhandari, who is real younger brother of late G.C. Bhandari, informed the Court by filing application on 17.04.2007 that G.C. Bhandari, promoter Director of the Company died during pendency of the proceedings on 07.02.2007 and proceedings stood abated qua him. However, further application came to be filed by the counsel appearing for late G.C. Bhandari and a categorical statement was made that wife of late G.C. Bhandari died and he has no son as legal representative as per his knowledge; and counsel confined to communicate regarding son, it appears that there was knowledge about daughter of the deceased but this fact was not disclosed to the Court and even from the order-sheets of the present proceedings of Company Application No. 29/1993, time was granted by the Court to the counsel appearing for late G.C. Bhandari to inform the Court regarding legal representatives of the deceased but he too has shown his inability to trace out the names of the legal representatives. However, the ultimate fact remains that since the name of the legal representative of the deceased promoter Director late G.C. Bhandari could not be traced out, an application came to be filed from the office of the Official Liquidator seeking permission of this Court to delete the name of respondent No. 1-late G.C. Bhandari.

(3.) This Court also took endeavor to find out the legal representative of late G.C. Bhandari but since either of the party could not provide any assistance to find out name of his legal representative, finally the name of the respondent No. 1 late G.C. Bhandari was deleted from the array of respondents vide order dt. 05.12.2008. However, at a later stage, another application came to be file from the office of the Official Liquidator under O.22 R. 4 CPC for taking legal representatives of late G.C. Bhandari on record and since the counsel appearing for other respondents had no objection about the same, that application was allowed on 29.07.2010 and the legal representative of late G.C. Bhandari was taken on record. However, the matter was not put to rest and immediately after the legal representative was served, written objections came to be filed that once the respondent-director late G.C. Bhandari stood deleted from the array of respondents vide order dt. 05.12.2008 and this fact was not brought to the notice of the Court while application under O.22 R. 4 CPC was considered and his legal representative was taken on record and this Court also finds substance in the submission made by legal representative who was taken on record pursuant to order dt. 29.07.2010 and after hearing the parties, the order passed by the Court on the application under O.22 R. 4 CPC dt. 29.07.2010 came to be recalled vide later order dt. 04.08.2011 and the matter has now come up on the application filed by the Official Liquidator under Rule 9 of the Companies Court Rules, 1959 read with Sec. 151 CPC for recalling the order dt. 05.12.2008 deleting the name of Late G.C. Bhandari.