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TMI Blog1999 (8) TMI 806X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. Official Liquidator attached to this Court has been appointed as the Liquidator. The Official Liquidator had filed a complaint under section 454(5) of the Companies Act, 1956 ( the Act ). It has been asserted that under the provisions of section 454(2) it is mandatory and obligatory on the part of the ex-directors to file a statement as to the affairs duly verified with an affidavit. The same has not been done and thus the complaint has been filed. 2. Arguments were heard on the limited question as to whether a complaint could be filed against the nominee directors or not because a large number of the respondents pleaded that they were simply the nominee directors and, consequently, they could not be prosecuted. 3. To appreciat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equire. (2) The statement shall be submitted and verified by one or more of the persons who are at the relevant date the directors and by the person who is at that date the manager, secretary or other chief officer of the company, or by such of the persons hereinafter in this sub-section mentioned, as the Official Liquidator, subject to the direction of the Court, may require to submit and verify the statement, that is to say, persons ( a )who are or have been officers of the company; ( b )who have taken part in the formation of the company at any time within one year before the relevant date; ( c )who are in the employment of the company, or have been in the employment of the company within the said year, and are, in the opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in earlier years would not render him liable under section 454(5) unless it is shown that he held the status of director on the date of winding up order. 7. Shri Suraj Bhan, respondent No. 9, has filed the reply. He pointed out that he was the Additional Director of Industries, Haryana. He was appointed as nominee director of the company, now in liquidation. He retired on 31-12-1994 and, therefore, tendered his resignation to the managing director, Haryana State Industrial Development Corporation, from the directorship on the Board of the company. A copy of the resignation addressed to the managing director, Haryana State Industrial Development Corporation, dated 30-12-1994, has been appended mentioning that since he is retiring on 31-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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