9911796707
TMI Blog2000 (5) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... which may extend to Rs. 100 for every day during which default continued or with both. 2. In this case, the Official Liquidator has stated that this Court by its order dated 17-4-1997 passed winding up order for winding up Essen Computers Ltd. (in Liqn.). 3. It was stated that accused Nos. 1 to 9 were Directors of the company at the relevant time and they failed to file statements of affairs. The Official Liquidator has filed report dated 17-12-1998. 4. When the matter reached hearing before me, I have heard official Liquidator and Mr. S.N. Soparkar, the learned advocate appearing on behalf of the respondent No. 1 who has stated that since the present act of omission is concerned respondent No. 9 was responsible for the same. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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 of the official Liquidator, capable of giving the information required; ( d )who are or have been within the said year officers of, or in the employment of, a company which is, or within the said year was, an officer of the company to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on behalf of the accused No. 9 and also the submissions made by the Official Liquidator in this behalf. 7. In this case winding up order has been passed on 17-4-1997. As per the provisions of the Act, statement of affairs requires to be filed on or before 8-5-1997 (within 21 days of winding up order). The Official Liquidator issued notice for filing statement of claim on 28-10-1997, thereafter, the present complaint was filed by the complainant on 17-12-1998. It was submitted by the learned counsel for the accused No. 9 that accused No. 9 is responsible for filing the statement of claim. He has filed statement of affairs on 13-4-2000. 8. It was stated that accused No. 1 is a Solicitor Advocate, defendant No. 2 is Chartered Accountan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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