ARINDAM MUKHERJEE - (1.) This is an application under the provisions of Section 543(1) of the Companies Act, 1956. The respondent no. 3 has died in the meantime and, as such, by an order dated 2nd August, 2019, leave was granted to the Official Liquidator to proceed against the surviving ex directors of the company (in liquidation) being the respondent nos. 1 and 2. Respondent no. 1 appears through Advocate. It is submitted on behalf of the said respondent that he was the nominee director of the company (in liquidation) being the Joint Secretary, Ministry of Steel. The respondent no. 2 had resigned from directorship long before the company was into liquidation. The respondent no. 1 is therefor not the person who can respond to the charges raised by the Official Liquidator. It is submitted by the Official Liquidator that the respondent no. 2 being the only surviving ex director of the company (in liquidation) is the actual answering respondent.
(2.) The said respondent no. 2, however, remains unrepresented. It is submitted on behalf of Official Liquidator that initially an order of substituted service was passed on finding that the respondent no. 2 remained unserved. It is further submitted on behalf of the Official Liquidator that by an order dated 11th July, 2014, substituted service was directed to be effected on respondent no. 2 as the envelope despatched to the said respondent had returned with the endorsement 'addressee left'.
(3.) On 1st August, 2014 when the matter was again taken up, it was recorded that substituted service has been effected on respondent no. 2. Since the envelope despatched to the said respondent no. 3 had returned with the endorsement 'not claimed', it was declared that the service on the said respondent amounted to good service. This was also recorded in the order dated 1st August, 2014. Later on the respondent no. 1 has also been served. The respondent no. 2, despite substituted service, remains unrepresented. However, for the ends of justice, the matter is adjourned for a period of three weeks from date to allow an opportunity to the respondent no. 2 to appear.;