SANJEEV PRAKASH SHARMA,J. - (1.) Instant company application has been filed by the Official Liquidator under Section 543 of the Companies Act, 1956 seeking following relief:- "(i)Examine into the conduct of the respondents No.1 and 2 and compel them to restore such money and properties of the Company in liquidation as may be thought fit and proper by this Hon'ble Court alongwith interest and/or direct the respondents to give compensation as may be ascertained in respect of the misapplication, retention, misfeasance as the Court may think just. (ii) Any other relief as may be deemed fit and proper by this Hon'ble Court."
(2.) This Court vide order dated 24/05/2002 framed following issues:- (i) Whether the respondent No.1 was using the telephone of the Company in liquidation after the order of winding up dated 12.08.1994 and thereby committed an act of misfeasance (Applicant) (ii) Whether the respondent No.1 retained the properties of the company after winding up order dated 12.08.94 unauthorizedly and liable to be refunded the same or their value along with interest ? (Applicant) (iii) Whether the company in liquidation suffered loss on account of surrendering the mining lease by respondent No.1 and 2 to the O.L. and thus accountable ? (Applicant) (iv) Whether the respondents are liable to give account of the money received by them in advance Rs. 50,61,300/- from Government of Rajasthan for supply of cement and whether they are liable to make payment of this amount alongwith interest ? (Applicant) (v) Whether the respondents are accountable for recovering the amount from debtors and the persons whom the loans and advance were to be recovered ? (Applicant) (vi) Whether the respondents are liable to refund the remuneration received by them without approval of the Central Government ? (Applicant) (vii) Whether present application and any enquiry thereon are barred by limitation ? (Respondents) (viii) Whether present application under Section 543 is maintainable though all movable and immovable assets of the Company stand taken over under Section 29 of States Financial Corporations Act by the Rajasthan Financial Corporation prior to winding up orders ? (Respondents) (ix) Whether enquiry under Section 543 of the Company Act, 1956 is discretionary and deserves to be declined on account of long lapse of time between the date of the alleged incidents and the date of filing of the application ? (Respondents) (x) Whether requisite prior sanction was obtained before filing present application and if what is the consequence ? (Respondents) (xi) Whether unrelated accusations and persons can be clubbed together in an omnibus application under Section 543 of Companies Act ? (Respondents) (xii) Whether the application is maintainable for being in prescribed form ? (Respondents) "
(3.) Statements of Mr. RC Mishra, Official Liquidator and Mr. NC Jain, Chartered Accountant were recorded and they were cross-examined, where-after counter affidavit was filed by Mr. Sanjay Modi on 02/05/2003 and his statement was recorded on 19/09/2011.;