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TMI Blog2012 (3) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... ement of affairs; such a situation cannot be accepted - Once the appellant assumed the position of a Director and some evidence has come on record in the form of signing the documents, prima facie it would lead to the conclusion that she was taking part in the day to day affairs of the company - no merit in this appeal and is accordingly dismissed - Official Liquidator to take up the matter before Learned Company Judge against Sh. S.L. Chopra - CO. APP. NO. 12 OF 2011 - - - Dated:- 17-1-2012 - A.K. SIKRI, ACTG, RAJIV SAHAI ENDLAW, JJ. Sudhir Makkar and Ms. Meenaakshi for the Appellant. Ashish Makhija and Ms. Neha Rastogi for the Respondent. JUDGMENT A.K. Sikri, Actg. CJ This appeal is preferred against the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without reading those documents, the Learned Company Judge has stated that this is her defence which has to be established and examined in trial. Though the Learned Company Judge by the impugned order found a case for proceeding against the appellant but still gave another opportunity to the appellant. Though the appellant has not filed any subsequent order but the counsel informs that upon the appellant failing to avail opportunity by filing Statement of Affairs, she has been ordered to be proceeded against. 2. The admitted position which prevails today is that the company was ordered to be wound up on 21st July, 2004. Almost 7 years have passed but the statement of affairs has not been filed so far. Learned Company Judge has recorde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bagh New Delhi. He appeared in this office on 21.07.04 and recorded his statement under Rule 130 of the Companies Court Rule, 1956 and the Hon'ble Court vide its order dated 14.09.07 discharged Sh. J.M. Mukhi from the criminal proceedings and his name is deleted from the array of the respondents. A copy of the statement and order is enclosed as Annexure 'D'. R-5 Sh. Balu Datwani 71-Golf Links New Delhi. As per Police report whereabouts of Sh. Balu Datwani not known. A copy of the Report is enclosed as Annexure 'E'. R-6 Sh. Raghuber Sareen Nigam S/o Sh. Shiv Sharan Lal Nigam Vaishali, Pitampura New Delhi. He appeared in this office on 30.09.04 and recorded his statement under Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dator, even he is not residing at the given address and his present address is not known as per the Police report. In so far as Shri S.L. Chopra is concerned, his statement was recorded in which he stated that he ceased to be Director and did not have any information or record with him. However at the same time, the Form 32 was not filed before the Registrar of Companies and therefore in the report filed by the Official Liquidator it is stated that for the purpose of present proceedings he could be treated as ex-Director responsible for the affairs of the company. No order so far has been passed by the Learned Company Judge in respect of Shri S.L. Chopra. The Official Liquidator should place these facts before the Learned Company Judge so t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the company was managed by some other persons who were not Directors. Once the appellant assumed the position of a Director and some evidence has come on record in the form of signing the documents, prima facie it would lead to the conclusion that she was taking part in the day to day affairs of the company. Learned Company Judge has rightly held that whatever she had stated in her defence can be looked into at the time of trial. We are therefore of the opinion that there is no merit in this appeal; the same is accordingly dismissed. However we again impress upon the Official Liquidator to take up the matter before Learned Company Judge against Sh. S.L. Chopra. The Official Liquidator shall also take correct address and positive steps f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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