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TMI Blog2002 (8) TMI 565X X X X Extracts X X X X X X X X Extracts X X X X ..... and 541 of the Act. 2. The appellants have sought to impugn the order of the learned Single Judge dismissing the application under section 446(3) and it is contended that a complaint under sections 538 and 541 did not lie against the appellants as they had taken all steps to reconstruct the record as per the directions of the Hon ble company Judge and for that purpose has sought to rely upon the following observation of the learned company Judge made in the Order dated 14-1-1980 : "To take steps at his costs for the reconstruction of the records insofar as it is possible and completion and audit of the accounts so that the statement of affairs already filed may be completed and the necessary record may be reconstructed as required by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceeding may, notwithstanding anything contained in any other law for the time being in force, be transferred to and disposed of by that court. 538. Offences by officers of companies in liquidation. (1) If any person, being a past or present officer of a company, which, at the time of the commission of the alleged offence, is being wound up, whether by or subject to the supervision of the court or voluntarily, or which is subsequently ordered to be wound up by the court or which subsequently passes a resolution for voluntary winding up. ( a )and ( b )**** ( c )does not deliver up to the liquidator, or as he directs, all such books and papers of the company as are in his custody or under his control and which he is required by law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company, if there have not been kept ( a )such books of account as are necessary to exhibit and explain the transactions and financial position of the business of the company, including books containing entries made from day to day in sufficient detail of all cash received and all cash paid; and ( b )where the business of the company has involved dealings in goods, statements of the annual stocktakings and (except in the case of goods sold by way of ordinary retail trade) of all goods sold and purchased, showing the goods and the buyers and sellers thereof in sufficient detail to enable those goods and those buyers and sellers to be indentified." 4. The pleas of the learned counsel for the appellants are without merit and deserve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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