NIVEDITA MUKERJEE WIFE OF SRI. SUBHANJAN SARKAR Vs. THE OFFICIAL LIQUIDATOR OF TECHNOLOGY MEDIA GROUP PRIVATE LIMITED (IN LIQUIDATION)

JUDGEMENT

(1.) APPEAL under Section 4 of the Karnataka High Court Act r/w Section 483 of the Companies Act, 1958 directed against the order dated 9.6.2010 passed by the Company Judge in Company Application No. 207/2010 which in turn was filed in Company Application No. 717/2009 and both the applications being filed in Company Petition No. 214/2002 which has been ordered, which was a petition under Section 433 by a creditor of Company of which the appellant was a Director and had been ordered to wound up in terms of the order dated 1.3.2005.

(2.) OF the above applications, an application namely Company Application No. 207/2010 was an application filed by the applicant a former Director of the Company which is wound up as per order dated 1.3.2005 under Section 239 of Cr.P.C. r/w Rules 6 and 9 of the Company Rules seeking for an order of discharge. The appellant had been arrayed as one of the accused persons in an application that had been filed by the Official Liquidator before the Company Court under Section 454 of the Companies Act.

(3.) THE proceedings before the Company Court had begun on 15.11.2002 by presentation of a petition under Section 433 for winding up of the affairs of the Company by a creditor of the Company.