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2011 (8) TMI 967 - HC - Companies LawWinding up - Official Liquidator filed an application seeking for taking cognizance of the offence committed by accused for not complying with the requirement of provisions of section 454 - notice came to be issued to all the directors and in response to the said notice, other ex-directors filed statement of affairs but respondent did not file the statement of affairs. The respondent had submitted his resignation from the company in liquidation and as such was not a director at relevant point of time and he was not required to comply with demand made by Official Liquidator – Held that:- statement of affairs have been filed by ex-directors. Thereafter, objections were notified by Official Liquidator and same was complied and directions was sought for by Official Liquidator against ex-directors by filing application has been fully complied and as such question of taking cognizance of the alleged offence against the respondent does not arise and also in view of the fact that respondent has resigned vide his resignation letter dated 2-1-2008 (with effect from 29-2-2008) produced along with statement of objections. instant application filed by Official Liquidator was to be dismissed.
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