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TMI Blog2011 (8) TMI 967X X X X Extracts X X X X X X X X Extracts X X X X ..... n and V. Jayaram for the Applicant. Saji P. John for the Respondent. ORDER 1. The Official Liquidator has sought for taking cognizance of the offence committed by accused for not complying with the requirement of provisions of section 454 of Companies Act, 1956 and trying him for the alleged offence in accordance with procedure laid down in Code of Criminal Procedure by invoking sections 454(5) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed their affidavits of concurrence which is still defective. It is stated that respondent herein i.e., Sri. K.R. Ganapathy was the Director (Commercial) of the company-in-liquidation and he has neither filed statement of affairs nor he has filed affidavit of concurrence. As such this application is filed by Official Liquidator for non-compliance of provisions of Companies Act. 4. On service o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies Act, whereunder Official Liquidator was seeking direction to the ex-directors of the company (in liquidation to hand over the books of account and records of the company and counsel for respondents therein (Ex-Director of the company-in-liquidation) along with Official Liquidator undertook before this Court, to jointly take inventory of books, records and report the same. The said submis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5/2011. 7. In the present application, Official Liquidator is now seeking to take cognizance of the alleged offence against present respondent who is the Ex-Director of the company-in-liquidation for not having filed statement of particulars. Admittedly, statement of affairs have been filed by Ex-Directors. Thereafter, objections were notified by Official Liquidator and same was complied and dire ..... X X X X Extracts X X X X X X X X Extracts X X X X
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