9911796707
TMI Blog2018 (3) TMI 718X X X X Extracts X X X X X X X X Extracts X X X X ..... which he was not entitled to receive in terms of the provisions of the Companies Act. He further claims to have disbursed the amount for the bonafide payment of debts of the respondent Company which he could not have done. This fact itself of having disbursed the funds to discharge the bonafide debts of the respondent Company is a doubtful contention. Further there is no merit in the plea of Mr. Vij that he was not aware that he cannot operate the accounts of the company to make bonafide payments for and on behalf of the company. Allow the present application and pass a direction to Mr. Vinod Vij to deposit with the OL the said amount of ₹ 16,31,174/- within four weeks from today. In the interest of justice, the period for deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttled amount to the petitioner and on account of inability of the respondent to pay the OL the expenses incurred on the winding up process, the winding up order was passed against the respondent on 03.03.2014. On 18.03.2014 notices were issued to the Ex.Directors of the respondent company to appear before the OL to file the statement of affairs and for recording their statement. On 28.03.2014, Mr.Vinod Vij, Ex.Director of the respondent company got his statement recorded in part. Recording of his further statement was deferred for 15.04.2014. However, on the said date he did not appear before the OL. 5. In the meantime, it appears that on 16.04.2014 and 22.04.2014 from Batra Hospital said Mr.Vinod Vij had collected a sum of ₹ 16, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the action of the Ex.Director was bonafide and that he was not aware about the winding up order or the consequences thereof. He has further stressed that Sh.Charan Jeet Singh being an employee of the respondent company the entire money was transferred to his account to enable him to make payment of the outstanding dues of the respondent company. It is pleaded that most of the payments have been made by cheques to the Contractors, Suppliers etc. from whom the work material had been taken for the purpose of completion of the project. Hence, it is pleaded that money has been expanded for the respondent company only and no direction can be passed against the Ex.-Director. 10. I may note that despite an opportunity by this court vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, liquidator or officer of the company- (a) has misapplied, or retained, or become liable or accountable for, any money or property of the company; or (b) has been guilty of any misfeasance or breach of trust in relation to the company; the Court may, on the application of the Official Liquidator, of the liquidator, or of any creditor or contributory, made within the time specified in that behalf in sub- section (2), examine into the conduct of the person, director, managing agent, secretaries and treasurers, manager, liquidator or officer aforesaid, and compel him to repay or restore the money or property or any part thereof respectively, with interest at such rate as the Court thinks just, or to contribute such sum to the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,174/- within four weeks from today. 16. At this stage, the learned counsel for the Ex.Director requests that this court may at least grant eight weeks for the same. Accordingly, in the interest of justice, the period for depositing the said sum is extended by eight weeks. 17. The application stands disposed of. 18. This court has taken a lenient view of the matter and has not imposed any interest or other cost or penalty on Mr.Vinod Vij, Ex.Director of the respondent company. 19. Mr.Vinod Vij will now appear before the OL on 22.03.2018 at 3.00 p.m. to complete the recording of statement under Rule 130 of the Companies (Court). Ex.Director will also take steps for filing of the complete statement of affairs. 20. The learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
