J.S. Khehar, J. - (1.) C .A. Nos. 332 of 1999, 636 of 1999 and 730 of 2000, in CP. No. 95 of 1999, are being decided by this common order.
(2.) CP . No. 196 of 1997 was filed by M/s. Bharti Telecom Limited praying for winding up of M/s. Altos India Limited. C.A. No. 442 of 1997 was also filed by the Petitioner -company for appointing a provisional liquidator. This Court allowed C.A. No. 442 of 1997 on 11.6.1998 by appointing the official liquidator as provisional liquidator of M/s. Altos India Limited. A direction was issued to the provisional liquidator to take over all assets as well as the complete management of M/s. Altos India Limited without any delay. The winding up order in this case was passed on 12.8.1999. A copy of the order dated 11.6.1998, whereby the official liquidator was appointed provisional liquidator, was received by the official liquidator on 3.7.1998. In compliance with the aforesaid order one of the units of M/s. Altos India Limited, 278, Udyog Vihar, Phase II, Gurgaon, was sealed on 7.7.1998; another unit located at 300, Udyog Vihar, Gurgaon, was taken over on 7.7.1998; a third unit located at B -312, Okhla Industrial Area, Phase -I, New Delhi, was sealed on 8.7.1998; another unit of M/s. Altos India Limited located at B -64, Okhla, Industrial Area, Phase I, New Delhi, could not be sealed as the same had been vacated by the Company on 16.5.1998. On inspection of the said premises the provisional liquidator found some machines/equipments belonging to M/s. Altos India Limited, the said machines/equipments were given on supurdari to the owner of the premises (1B -64, Okhla, Industrial Area, New Delhi) on 15.7.1998. The registered office of M/s. Altos India Limited situated at Agarsen Chowk, Namaul, was sealed on 12.7.1998.
(3.) IN terms of the provisions of Section 454 of the Companies Act, 1956, where an official liquidator is appointed as provisional liquidator, statement of affairs in the prescribed form, duly verified by an affidavit, is required to be submitted within 21 days from the date of appointment of the provisional liquidator (unless the aforesaid date is extended by the Court). Since no statement of affairs was filed in terms of Section 454 of the Companies Act, the official liquidator addressed a communication dated 26.11.1998 calling upon 5 of the directors of the Respondent -company, namely, Sarvshri Dadan Bhai, Stephen Aranha, N.S. Parulekar. N.R. Srinivasan and Smt. Hema Chand to submit the statement of affairs in duplicate duly verified by an affidavit, as on the date of appointment of the provisional liquidator. The aforesaid communication which was dispatched through registered acknowledgement due post, was received back undelivered from two of the directors, namely, Sarvshri Dadan Bhai and Stephen Aranha. The letters addressed to Shri N.S. Parulekar and Smt. Hema Chand were not received back. Even the acknowledgment due cards were not received back. The letter addressed to Shri N.R. Srinivasan was received by him; and he addressed a response thereto dated 5.12.1998.;