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2008 DIGILAW 1019 (DEL)

Official Liquidator v. S. S. Satija

2008-11-04

GITA MITTAL

body2008
GITA MITTAL, J(Oral) 1. This petition was filed by the official liquidator under sectionA 454(5) of the Companies Act, 1956 making a complaint that the directors of the company had failed to file the statement of affairs within the statutory period. The respondents have filed a reply contending that the statement of affairs could not be filed within the statutory period for the reason that the records of the company were seized by the Crime Branch in the year 1991 itself in FIR No. 81/1991 by the police of the police station Tilak Marg. Despite repeated efforts, the records were not made available for inspection by the police authorities and consequently filing of the statement of affairs was further delayed. I find that the record of this case corroborates the stand taken by learned counsel for the respondent. 2. The record also shows that on 4th April, 2005, this court had noted that Mr. S.S. Satija had appeared before the official liquidator and made an oral statement with regard to the details of the assets of the company including the bank account to the official liquidator. In this background, statement of affairs based on such information available with the directors was filed but defects could not be removed. Mr. S.S. Satija stated to be in judicial custody as well. On 19th October, 2005, this court had recorded that the records of the company seized by the Crime Branch of the Delhi police in the year 1991 were not missing and that the court of the learned Metropolitan Magistrate had initiated an inquiry against the police officer. 3. This petition has been thereafter simply adjourned and has remained pending alongwith C.P.No. 167/1990. 4. By a separate order recorded on CA No.475/2008, the winding up order passed on 1st October, 1992 stand stayed. In the facts of the instant case and the record of the company having been seized by the Crime Branch as back as in 1991, the explanation given by the petitioner for not filing the statement of affairs within the statutory period appears to be for reasons beyond its control. It is an admitted position that statement of affairs has been filed thereafter. 5. In this background, no fruitful purpose would be served by further proceeding in this matter. It is an admitted position that statement of affairs has been filed thereafter. 5. In this background, no fruitful purpose would be served by further proceeding in this matter. The record having been misplaced by the police, in any case, no further action can be taken with regard to queries which may have pending with the official liquidator. These proceedings are accordingly closed. Notice issued to the respondent shall stand discharged.