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TMI Blog1978 (8) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... M.F.A. No. 166 of 1976 was not a director of that company after November, 1970, and the two appellants in the other case were not directors of the said company after March, 1972, and April, 1972, respectively. While so, the learned judge by his order of November 4, 1975, on Report No. 74 submitted by the official liquidator directed him to call for statements as contemplated by section 454 of the Companies Act, 1956, from, amongst others, the former directors. The official liquidator requested each of the appellants as per his letter of November 14, 1975, to file within a month thereof a statement of affairs of the company as on the date the concerned appellant ceased to be a director of the company. On receipt of these letters, the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the official liquidator the statement of affairs of the company. The latter part of that sub-section enables the official liquidator, "subject to the direction of the court" to require the persons mentioned in clause ( a ) to ( d ) therein to submit and verify the statement The court has, therefore, power to direct the official liquidator to call for, such statements from all or any of the persons mentioned in clause ( a ) to ( d ), and the official liquidator is empowered by the section itself to require all or any of them to submit and verify a statement of affairs of the company. Even otherwise under section 451 of the Act the liquidator is bound to perform such duties as the court may impose on him. R. 125 enables the official liquida ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ( a ) of section 454(2) of the Act. It. is not disputed, and rightly so in view of section 2(30) of the Act, that the term "officer" normally includes a director also. The argument is that the use of the present perfect tense: "have been", would indicate that unless a person was an "officer" on the relevant date or one immediately preceding that date, he could not be said to "have been an officer", and since persons who were directors on the relevant date are obliged to submit the statement even without the official liquidator asking for it, clause ( a ) should, so far as directors are concerned, be confined to such of them who were directors just before the relevant date. The words: "have been" are used in clause ( a ) to borrow the langu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can with advantage be read here: "Now, I have no doubt it may well be said of a boy who has left a school, that he has been three years at the school if he has been there for three years at any time during the period of his education; but I do not think it can be well said of a boy that he has been, three years at a school at a given time unless he had been there for the three years immediately preceding that time ". (Emphasis by underlines by us). While clause ( b ) to ( d ) of sub-section (2) of section 454 mention a period of one year preceding the relevant date as the period during which the persons referred to therein shall have fulfilled the requirements stated therein, clause ( a ) does not specify any such period nor d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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