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2009 (7) TMI 789 - HIGH COURT OF MADRASWinding up petition - Held that:- It is true that in the statements of accounts of the second respondent-company for the year 2004-05 and 2005-06, the income is shown as "nil", but the statements as well as the auditor's reports do not contain all the names of the directors of the company and two directors, viz., Mr. Sin Wai Shing and Mr. Tang Keen Fei have signed the statements. Further, it is also admitted by the second respondent itself in the counter affidavit that three ex-directors of the first respondent-company, viz., Mr. Hassen Adam Bin, Mr. Ramesh and Mr. Sivakumar have resigned on June 21, 2005, June 22, 2005 and June 21, 2005, respectively. Thus a reasonable suspicion arises about the formation of the second respondent-company and it is necessary that an investigation has to be ordered in respect of the affairs of the second respondent-company. Direct the official liquidator of this court to investigate about the affairs of the second respondent-company, viz., M/s. Scanwell Logistics P. Ltd., especially with reference to the object of the said company and the transactions which have taken place from the date of its incorporation, viz., May 28, 2004, till date and file a report to enable this court to pass final orders in the above applications. The petitioning creditor/applicant shall deposit an amount of ₹ 10,000 (rupees ten thousand only) with the official liquidator towards expenses relating to the said investigation within one week from this date.
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