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TMI Blog2009 (4) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... , but he was intentionally not done so for the reasons best known to him. Thus, the report petition, reply and supplementary affidavit at flags 20, 22, 22A and 22B are hereby disposed of accordingly. - COMPANY PETITION NO. 13 OF 1998 AND OR. CR. MISC. NO. 2 OF 2005 - - - Dated:- 9-4-2009 - S.N. HUSSAIN, J. Alok Kumar Agrawal for the Official Liquidator. Arun Kumar for the Respondent. JUDGMENT 1. Heard learned counsel for the Official Liquidator as well as learned counsel for Sri Mahendra Prasad, who was one of the petitioners filing this company petition but after winding up order has been relegated as defendant No. 1. 2. This company petition had been filed on 10-12-1998, by Sri Mahendra Prasad, his wife and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thus, the Official Liquidator filed his report dated 21-12-2004 (Flag-20) stating that the ex-directors, namely, Sri Mahendra Prasad and Sri Naresh Kumar, have not submitted the statement of affairs in spite of notices sent to them, nor they have submitted any application for extension of time with the Official Liquidator or before the Court, and, hence, he prayed that the said ex-directors be asked to submit all other account books and records up to May, 2003 and the Official Liquidator may be permitted to file prosecution against the ex-management of the company under the provision of section 454(5) of the Act as already stated in the report of the Official Liquidator dated 6-9-2004 (Flag-15). 4. It also transpires that only when the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he properties, which were seized in compliance of this Court s order dated 16-8-2004. 6. This Court on the aforesaid date after considering the entire arguments of the parties as well as the materials on record also came to the conclusion that Mahendra Prasad was the promoter director of the company along with his father Sri Anant Ram and Sri Brijendra Prasad, which fact is evident from paragraph 13 of the articles of association of the company appended as Annexure 1 to the winding up petition. It was also found that the letter of the Registrar of Companies dated 15-3-2005, showed that in the records of the Registrar of Companies, Sri Mahendra Prasad was continuing as the promoter director of the company since no Form No. 32 communicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ording to him, he had resigned from the board of directors of the company-in-liquidation as far back as on 1-6-1993 and on the same date, he had sent his letter of resignation to the managing director of the company as well as to the Registrar of Companies under certificate of posting (Annexure 20 to Flag-22/B). He further submits that on 24-5-1996, he had sent letters (Annexure-21 to Flag-22/B) to the District Magistrate, Gaya, Bihar State Financial Corporation, Gaya, Central Bank of India, Gaya, Director of Industries, Gaya, Assistant Commissioner, Commercial Taxes, Gaya and others stating the said facts, but although registry receipt of the said letter sent to the Director of Industries, Gaya is annexed as Annexure 21/A, but with regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his father, who was the managing director of the company-in-liquidation. Furthermore, the other communications vide the aforesaid Annexures 21 to 23 of Flag-22/B, apart from being of a much subsequent period, i.e., 1996, are to irrelevant persons for the purposes of resignation and are not shown to have been sent either to the Registrar of Companies or to the managing director of the company-in-liquidation. However, merely to show his genuineness, Sri Mahendra Prasad has produced a letter from the Secretary of Bazar Samiti, Gaya and his reply dated 5-11-1998 (Annexures 24 and 24/A) showing that he had asserted to have resigned on 1-6-1993, but the said assertion appears to be a mere ploy in the nefarious design of Sri Mahendra Prasad wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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