9911796707
TMI Blog2012 (4) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... put forth their explanation by way of defence to contend that they have not committed the offence as alleged. It is their case that even though the dates indicate that there is delay, the same was for reasonable cause and if such cause is accepted by this Court, they are entitled to be exonerated. In view of the allegation, the charge had been framed against the respondents. The respondents denied the charge and sought to be tried. Accordingly, it was set down for evidence. The witness on behalf of the Official Liqidator was examined as PW. 1 and the respondents were examined as RW. 1 and RW.2 respectively. On behalf of the applicant, the documents at Ex. P1 to P12 have been marked. The respondents have referred and marked the documents at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id date is after the initial date of 21 days, the same indicates that it is immediately thereafter. Insofar as that aspect of the matter, a perusal of the cross examination of RW. 1 would indicate that while denying the suggestion put forth that there was delay in filing the statement of affairs, the respondent No. 1 (RW. 1) has stated that the taking over of possession had occurred at a stage when the respondents were in the process of preparing the Statement of Affairs to be filed. 6. In that background, what is to be considered is as to whether from the said date viz., 24-7-2000, there is any explanation for the time lapse till it was filed. In this regard, a perusal of the Mahazar and also the explanation put forth would indicate that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondences which had been exchanged between them and Official Liquidator which are marked in evidence at Exh.R.3 onwards. It is pointed out that the respondents in order to file the Statement of Affairs, had requested the Official Liquidator to permit them to examine the records which were in the premises. However, on such examination, all the documents were not available and as per the permission granted by the Official Liquidator, vide communication dated 16.03.2004 the details which were available had been gathered and the Statement of Affairs was ultimately filed on 10.01.2005. It is no doubt true that the Statement of Affairs thus filed was not complete which itself is justification for not filing earlier. The Official Liquidator by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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