Ajay Rastogi, J. - (1.) COMPANY Application 14/1998 has been filed under section 543 of the Companies Act for initiating misfeasance proceedings and on account of not filing statement of affairs of the company -in -liquidation. At the same time, another company application 81/1996 has been filed under section 454(5) of the Companies Act for initiating criminal proceedings.
(2.) IN both the above company applications, application under section 9 of the Company (Court) Rules has been filed by the Official Liquidator wherein it has been averred that after passing of the winding up order of the company -in -liquidation on 1 -5 -1992 misfeasance proceedings were initiated on 28 -4 -1997 based on last balance -sheet of the company in liquidation available with the Registrar of Companies on 30 -6 -1988 duly supported by the report of their Chartered Accountant dated 11 -4 -1997. Against the delinquent Directors of the company for recovery of assets, account books and the amount of alleged misappropriation to which they are accountable. However, Official Liquidator submits that company application is pending for last more than 12 years and the winding up proceedings are pending for last more than 20 years as it initially commenced on 22 -3 -1990 but despite the best efforts made from the office of the Official Liquidator service upon respondents could not have been effected on the addresses of such directors which are available with the Registrar of Companies, even after the assistance being taken from the Police Station of the place where the respondents reside but still their whereabouts have not been traced out. Warrants were also issued by this Court but that too returned unserved. At the same time, the office of Deputy Commissioner of Police, South District, New Delhi vide its letter dated 17 -5 -2010 reported that requisite inquiry has been made in regard to three respondents and they too have shown their inability to serve/ execute the warrants, it also appears from the order -sheets of this Court that despite best efforts made by the office of the Official Liquidator still for one or the other reason the respondents could not have been served and in such circumstances it has been prayed that the matter may be consigned to record and liberty may be granted to the Official Liquidator for revival of the proceedings as and when whereabouts of the respondents come to his notice, however company -in -liquidation is not being finally dissolved under section 481 of the Companies Act. Taking note of the material which has come on record duly supported with the affidavit, this Court finds substance in what has been averred by the Official Liquidator in the application.
(3.) ACCORDINGLY , the applications under section 9 of the Company (Court) Rules filed in both the company applications referred to supra stand allowed and the Company Application Nos. 14/1998 and 81/1996 are consigned to record. However, the Official Liquidator will be at liberty to file application for revival of the proceedings as and when whereabouts of the respondents come to his notice, during pendency of dissolution proceedings of the company -in -liquidation as prayed for.;