- (1.) Heard Shri Subodh Kumar, Additional standing counsel appearing for petitioner. No one appears for respondent-company.
(2.) This company petition has been filed by the Registrar of Companies, U.P. and Uttaranchal at Kanpur under Section 433(f) read with Section 439(e) of the Companies Act, 1956 ('the Act') to wind up respondent-company after issuing statutory notice under Section 433(f) read with Section 439(6) and after getting sanction to file winding up petition under Section 439(6) vide order dated 14-9-2001 given by Regional Manager (NR), Camp Office, New Delhi, Department of Company Affairs, Ministry of Law and Justice and Company Affairs Government of India in exercise of delegated power under the proviso to Sub-section (5) of Section 439.
(3.) Petitioner has verified that during the investigation made by Central Bureau of Investigation, in the matter of default in making payment to various investors by Century Consultant Ltd., a report was submitted by C.B.I. dated 20-8-2001/23-8-2001 stating that the agency has registered criminal cases against Director of Century Consultant Ltd. having cheated several thousands of investors, and financial institutions through forgery, fraud and by corrupt/illegal business. Suits have been filed by Bank and financial institutions before Debt Recovery Tribunal. On the recommendation of the C.B.I. for taking action under Section 26 companies wherein Directors of Century Consultant/Cyberspace Scam or their employees are involved, the Central Government examined the matter and after giving statutory notice, sanction was given to the Registrar of the Companies to file this winding up petition.;