9911796707
TMI Blog2017 (10) TMI 906X X X X Extracts X X X X X X X X Extracts X X X X ..... as also on 02.03.2012 when the respondent company was directed to be finally wound up, the applicant’s counsel was very much present in the Court. The filing of this application after five years of passing of such orders despite having knowledge of the same would be nothing but an act of frustration, hence, the application being highly belated is dismissed. The applicant, even otherwise, is not devoid of remedy and may file claim before the Official Liquidator and once the claim is filed, the Official Liquidator to examine and verify the claim of the applicant herein and to deal with as per law. - CO.PET. 42/2009 & CA Nos.2584/2016, 1619/2017 & OLR No.20/2016 - - - Dated:- 16-10-2017 - MR. YOGESH KHANNA J. Petitioner Through: Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wound up finally and the provisional liquidator was appointed as the liquidator of the company. 3. It is alleged the applicant rendered the clearing services to various stock brokers in India and takes guarantee to make the payment for the entire transactions of the brokers, trading members and their constituents on daily basis in derivative segments of National Stock Exchange of India Limited (hereinafter referred to as NSEIL ). The respondent approached the applicant for clearing services and both of them had entered into a Clearing Member cum Trading Member Agreement on 14.08.2007 and in pursuant thereof the applicant as a clearing member made the payments to NSEIL approximately of ₹ 18.7 Crore on behalf of the respondent c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany had filed false ledgers / balance sheets before different authorities viz before the High Court; Registrar of Companies; in Criminal Complaint cases, hence action be taken against the respondent company and the winding up proceedings be stayed. 7. However, admittedly in criminal complaint case bearing No.40/01/2016 filed on the same grounds viz falsification of account/balance sheets, the learned Metropolitan Magistrate 03, Central, Delhi has noted as under:- 6. I have heard the arguments and perused the records. Complainant has placed on record the email dt.01.07.2009, ledger, as well as balance-sheet obtained from the ROC records. It is prima-facie clear that all the three account statement shows different outstanding bala ..... X X X X Extracts X X X X X X X X Extracts X X X X
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