SANJEEV PRAKASH SHARMA,J. - (1.) The present application has been filed by the Official Liquidator of M/s.Sudharshan Cements and Multi projects Limited (hereinafter referred as the Company in liquidation) against the respondents under sections 454 of the Companies Act, 1956.
(2.) It is alleged that the Company in liquidation was ordered to be wound-up by this Court vide its order dated 21.02.2003 in S.B. Company Petition No. 37/1996 and the Official Liquidator was appointed to act as its Liquidator. As per the record, respondents were holding the post of Director and in terms of Section 454 of the Act of 1956, statements of affairs in the prescribed form were required to be filed in the office of the applicant. The statement was to be filed within 21 days from the date of passing of the winding up orders along with an affidavit of concurrence of other Ex-Director, who have not signed the statement of affairs.
(3.) Submission of the applicant is that he had issued notices in Form 55 under Rule 124 of the Companies (Court) Rules, 1959 to the respondents vide registered letter dated 19.12.2003, 05.01.2004, 25.06.2004, 14.02.2008 and 04.03.2008 directing the Ex-Director of the Companies in liquidation to submit the statement of affairs but with no response. In these circumstances, he has prayed to summon the accused Directors and try them under Section 454 of the Companies Act.;