TMI Blog1988 (11) TMI 299X X X X Extracts X X X X X X X X Extracts X X X X ..... with section 468 of the Companies Act, 1956 (for short "the Act"), for a direction to the District Magistrate, Ropar, to use force for restoration of possession of the property mentioned in paragraph 2 of the application to the official liquidator. The facts briefly stated are that the petitioner-company was ordered to be wound up by order dated October 19, 1982, and the official liquidator att ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and also of the respondent company till April 11, 1980. In his capacity as managing director of the respondent-company, he adopted a clever device to enrich himself at the cost of the company. Under his direction, fictitious expenses were shown in the account books of the company which were paid by drawing funds either from the petitioner-company or from Mohali Transport Co. P. Ltd. or from Bachan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany. Where a company is prima facie entitled to any property, the court can, in its discretion, make an order under this section for restoring possession to the official liquidator. In the present case, the liquidator has specifically stated that he had taken possession of the land and building which was purchased by the petitioner company under the sale deed dated December 4, 1979. If his po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties to lead evidence in proof and disproof of their respective contentions and after recording such evidence, he will satisfy himself that the official liquidator, after the petitioner-company was ordered to be wound up, took possession of the land and the building on which the office of the respondent company was located and if possession was subsequently disturbed illegally by the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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