Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2009 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (7) TMI 784 - HC - Companies LawWinding up - liquidator prayed this court to direct the respondent to remit an amount of ₹ 80,76,906 with interest at 12 per cent per annum to the credit of the company in liquidation - Held that:- In the absence of any clinching evidence to show that it is the company or the respondent as its managing director who resorted to illegal mining and extracted black granite of considerable value, it is not possible to draw any inference that the respondent is liable for the amount claimed. Therefore, the application under section 468 of the Companies Act is not maintainable. However, if the liquidator is able to get the information regarding those persons who illegally conducted mining operations in the lands belonging to the company in liquidation, it is always open to the liquidator to file appropriate application against those persons and claim the money.
|