1998 (10) TMI 437 - HC - Companies Law

Summary

Issues:
1. Non-compliance with sections 454/456/468 of the Companies Act, 1956 by Ex-Directors.
2. Responsibility of Ex-Directors in filing statement of affairs and handing over assets.
3. Explanation for non-compliance by Ex-Directors.
4. Discharge of notices issued under section 454.
5. Failure to hand over assets to the Official Liquidator.
6. Investigation by CBI for cheating by Chit Fund Companies.

Analysis:

1. The case involved the Official Liquidator filing Company Application No. 24 of 1993 against Ex-Directors for non-compliance with sections 454/456/468 of the Companies Act, 1956. The Official Liquidator alleged that the Ex-Directors had not filed the statement of affairs within the statutory period, leading to the application seeking appropriate orders against them.

2. The Official Liquidator contended that the Ex-Directors had willfully committed default by not handing over assets and records of the company. On the other hand, the Ex-Directors argued that they were not in control of the company's affairs or possession of records due to the actions of the main Directors who had absconded post the winding up order.

3. The Court considered the submissions and noted that the Ex-Directors were required to file the statement of affairs and hand over assets as per legal provisions. While some Ex-Directors had valid explanations for non-compliance, such as being low-paid employees fraudulently shown as directors, the Court found their reasons acceptable and discharged the notices issued under section 454.

4. Regarding the failure to hand over assets to the Official Liquidator, the Court found that the Ex-Directors had given the assets in supurdgi to another individual who was not traceable. The Court acknowledged the explanation provided by the Ex-Directors and allowed the Official Liquidator to take further steps to investigate the matter.

5. The judgment highlighted the prevalence of Chit Fund Companies cheating the public and emphasized the need for investigation by agencies like the CBI. The Court expressed concern over such fraudulent activities and recommended thorough investigation to hold the culprits accountable.

6. Ultimately, the Court disposed of Company Application No. 24 of 1993, concluding the case with observations on the need for stringent actions against fraudulent practices in Chit Fund Companies and the importance of investigating such cases to ensure justice.