P GEORGE PHILIP Vs. OFFICIAL LIQUIDATOR HIGH COURT OF KERALA
HIGH COURT OF KERALA
P George Philip
Official Liquidator High Court Of Kerala
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(1.) Can a person convicted under S.454(5) of the Companies Act, 1956 by a Single Judge of this Court file an appeal before a Division Bench under S.483 of the Act or only before the Supreme Court under S.374(1) of the Code of Criminal Procedure, 1973 This is the short question that has been referred to the Full Bench. The relevant facts may be briefly noticed.
(2.) A Company Petition, viz., C.P. No.2 of 1987 was filed against M/s. Mittal Steel Rerolling and Allied Industries Limited. On February 8, 1988, an order for the winding up of the Company was passed. The Official Liquidator was appointed as the Liquidator of the Company. On May 26, 1988 the Official Liquidator filed C.A. No.162 of 1988 with the prayer that the Directors of the Company be directed to file the statement of affairs of the Company. Despite extension of time the needful was not done. Thus, he filed a complaint alleging that the Directors were liable to be punished under S.454(5) read with (5A) of the Companies Act.
(3.) The complaint was considered by the learned Single Judge. Vide Order, dated September 24, 2002, the first appellant was convicted and sentenced to pay a fine of Rs.25,000. The second appellant was held liable to pay a fine of Rs.10,000. In case of default, they were to undergo sentence of simple imprisonment for a period of one year and six months respectively.;
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