S.K.KESHOTE,J. - (1.) THE Official Liquidator of M/s. San India Electrochem Private Limited (In liquidation) has filed this application under Section 454 of the Companies Act, 1956.
(2.) THE facts of the case are that M/s. San India Electrochem Private Limited (In liquidation) having its registered office at C -2, Bhagwan Das Road, C -Scheme, Jaipur and worked at Plot No. K -1921, Road No. 1, Jaitpura Industrial Area, Jaipur, was ordered to be wound up on 20 -3 -1997 in S.B. Company Petition No. 24/96, titled Design Fabrication and Consultant Engineers v. San India Electrochem Private Limited. The Official Liquidator, as required by Section 454(1) of the Companies Act, 1956, sent a registered AD notice in Form 55 under Rule 124, to the non -applicants, informing them of the order passed by this Court and calling upon them to submit within 21 days from the date of the winding up order, a statement of affairs of the aforesaid company ordered to be wound up. They were also directed to obtain the necessary forms and instructions from the office of the Official Liquidator. The non -applicants were served him the above notice, but statement of affairs as statutorily required to be submitted were not filed. A letter dated 30 -4 -1997 addressed to the Official Liquidator was received on 1 -5 -1997 from the non -applicants informing that an application to recall the winding up order dated 20 -3 -1997 has been filed in the Court.
(3.) REFERRING to the contents of Para No. 5 of the application of the non -applicants for recalling of the order dated 20 -3 -1997 the Official Liquidator stated that Shri Sanjay Jain, non -applicant No. 1, has referred that the possession of the assets of the company is taken by the RIICO on 3 -9 -1996. It is stated that the RIICO has taken over the possession of the fixed assets of the company (in liquidation) situated at Plot K -1921, Road No. 1, Jaitpura Industrial Area, Jaipur.;