9911796707
TMI Blog1997 (10) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... to submit the statement as to the affairs of the company in the prescribed form within stipulated period. 2. The undisputed facts are that non-applicant No. 1 Shri P.R. Mehta, who was Managing Director of the company, filed Company Petition No. 11 of 1985 under section 433 read with section 439( b ) and ( c ) of the Act with a prayer to order winding up of the company and to appoint Official Liquidator attached to the Court as provisional liquidator of the company. This petition was filed on 4-10-1985. Vide order dated 18-9-1987. The Company Court appointed the Official Liquidator as provisional liquidator of the company. Thereafter, vide order dated 22-7-1988 the company was wound up and Official Liquidator was appointed as liquid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ords of the company which were in his possession to the Official Liquidator on 18-1 -1994. Thereafter, the counsel for the non-applicants informed this Court that for preparation of the statement as to the affairs of the company the books/records of the company were available with the Official Liquidator and if any other book or document was in the possession the same shall be submitted to the Official Liquidator. On 15-11-1996 non-applicant Shri P.R. Mehta filed an application before this Court to the effect that no other record, property or assets of the company were in his possession. He also submitted the statement as to the affairs of the company on this date which was prepared by him on the basis of the records made available to him b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled in Company Application No. 3 of 1993 non-applicant Shri P.R. Mehta ceased to be a Director of the company with effect from 20-10-1982. The liability to submit the statement under section 454 is on the person, who is Director, Manager, Secretary, Chief Officer of the company at the relevant date. The relevant date as per sub-section (8), in a case where provisional liquidator is appointed is the date of his appointment and in case where no such appointment is made the date of winding up order is the date. There is no other material on record that Shri P.R. Mehta did not cease to be the Director of the company with effect from 20-10-1982. There is further material on record to show that on asking by the Official Liquidator Shri Mehta had ..... X X X X Extracts X X X X X X X X Extracts X X X X
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