Sanjeev Prakash Sharma, J. - (1.) Instant Company Application under Section 454 of the Companies Act, 1956 (hereinafter referred as the 'Act of 1956') read with Rule 9 of the Companies (Court) Rules, 1959 (hereinafter referred as the 'Rules of 1959') has been preferred by the Official Liquidator with the following prayer:- "Therefore, by submitting this application it is humbly prayed that the application be kindly accepted and the respondents who are the ExDirectors of the Company in liquidation may kindly be summoned and be tried and punished as provided under Section 454 of the Companies Act, 1956. Any other order or direction deemed fit and proper by Hon'ble Court in the facts and circumstances of the case be also passed in favour of the applicant."
(2.) It is stated in the Company Application that vide order dated 13/04/2001 passed by the High Court in SB Company Petition No.31/2000, M/s. Lok Vikas Finance Corporation Limited (hereinafter referred to as 'Company in liquidation') was ordered to be wound up and the Official Liquidator (hereinafter referred as 'OL') attached to High Court was appointed as Liquidator of the Company in liquidation with a direction to him to take charge of the properties and assets of the company in liquidation. It was further stated that as per records of the Registrar of Companies, Rajasthan, Jaipur the respondents were Directors of the Company in liquidation on the date of winding up order dated 13/04/2001.
(3.) The OL, as per provisions of Section 454 of the Act of 1956 read with Rule 124 of the Rules of 1959, issued statutory notices to the respondents-Ex-Directors of the Company in liquidation for filing the statement of affairs with the OL as required under Section 454(1) of the Act of 1956 by registered A.D. pre-paid post vide Notice No.LVFC/1/218- 222 dated 14/05/2001 on their available addresses noted from the office of Registrar of Companies, Rajasthan, Jaipur.;