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TMI Blog2006 (12) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... Liquidator. ORDER 1. By the instant application under sections 446, 454, 468, 633(2) of the Companies Act, 1956 (for short 1956 Act ), the applicants have prayed as under: ( i )The concerned police station may be ordered to deliver and hand over entire record and books of account and other belongings of the company ordered to be wound up which is in their possession or control to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... transferred to this Court for trial so as to save the applicants from facing trial at differed place. ( v )The requirement of preparing and filing of the statement of affairs with the Official Liquidator may be dispensed with till the possession of the records and books of account of the company in liquidation is taken from the police authorities and the applicants are accorded an opportunity t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y executed the franchise agreements. The total number of shops established is 200 approximately. Since some of the franchises did not comply with the terms and conditions of the agreement and they did not deposit daily cash thereby the rotation of the money became standstill. The company could not maintain liquidity and failed to supply further goods for sale. As a result of which as many as 25 co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have given the anxious consideration to the rival submissions and scanned the material on record. The petitioners in the garb of petition under section 633 of 1956 Act seek anticipatory bail. For the liability under the Indian Penal Code provisions under section 633 cannot be resorted to in Rabindra Chamaria v. Registrar of Companies AIR 1992 SC 398, it was held that section 633 has no applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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