TaxTMI 
TaxTMI 
2009 (4) TMI 461
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....nd Mahendra Prasad & Sons HUF through its Karta Sri Mahendra Prasad under the provisions of section 433(e) and (f ), read with section 439(3) and (4) of the Companies Act, 1956 (hereinafter referred to as 'the Act' for the sake of brevity) praying that Shree Vishnu Roller Flour and Oil Mills Private Limited (hereinafter referred as to 'the company under Liquidation') may be wound up under the provisions of the Act and that any other order found just and proper be passed. In the said Company Petition, the Company under Liquidation was made opposite party No. 1, whereas Sri Naresh Kumar, the full brother of Sri Mahendra Prasad was impleaded as opposite party No. 2. Subsequently after hearing the persons concerned, a Bench of this Court vide o....
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....re submitted by the Official Liquidator, the aforesaid Sri Mahendra Prasad filed I.A. No. 1744 of 2005 (Flag-22) for being exonerated from filing the statement of affairs and for dropping the prosecution case against him. He also filed a reply dated 4-5-2005 (Flag-22A) to the report of the Official Liquidator dated 21-12-2004 (Flag-20) claiming that the petitioner was not liable to file statement of affairs and the proceeding may not be allowed to continue against Sri Mahendra Prasad. Thereafter a supplementary affidavit dated 12-5-2005 (Flag-22B) was filed on behalf of the said Sri Mahendra Prasad in support of his aforesaid contentions and annexing the relevant papers. 5. The said matters were taken up by this Court on 13-5-2005 and afte....
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....of Directors of the Company was ever filed and denying the aforesaid clear factual aspect the said Sri Mahendra Prasad through his counsel was asserting that he could not be compelled to file the statement of affairs as according to him he had already submitted his resignation to the Managing Director of the Company on 1-6-1993 and the Managing Director without filing Form No. 32 communicating his resignation to the Registrar of the Companies left for his heavenly abode. 7. It may be noted in this connection that vide an earlier order dated 11-1-2005, the then Company Judge had directed an enquiry to be lodged against Sri Mahendra Prasad under the provision of section 454(5) of the Act and held that granting of permission to the Official L....
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....ipt has been annexed. Another letter dated 9-7-1996 (Annexure-22 to Flag-22/B) is addressed to the District Magistrate, Gaya, Secretary, Marketing Board, Gaya and Assistant Commissioner, Commissioner Commercial Taxes, Gaya, but it shows that it was received only in the office of Marketing Board by someone hand to hand. Another letter dated 10-7-1996 (Annexure-23 to Flag-22/B) is addressed to the said authorities, but it shows receipt only from Bihar State Financial Corporation hand to hand. Another letter dated 2-11-1998 (Annexure-24 to Flag-22/B) sent by the Secretary of the Bazar Samiti to the Company in liquidation to which a reply was sent by Sri Mahendra Prasad on 5-11-1998 (Annexure-24/A to Flag-22/B). 9. From bare perusal of the sai....
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....tition which was filed immediately thereafter on 10-12-1998. 10. On the other hand, a letter dated 15-3-2005 (Annexure-B to Flag-21) had been sent by the Assistant Registrar of Companies, Bihar and Jharkhand to the Official Liquidator of the High Court informing that from the records of the office, no Form No. 32 showing resignation of Sri Mahendra Prasad from the Board of Directors has been filed and registered. In the said circumstances, the entire plea of the petitioner Sri Mahendra Prasad fails as it is well proved that Sri Mahendra Prasad never sent his letter of resignation either to the Registrar of Companies or to the Managing Director of the Company under liquidation through registered post and also in view of the fact that no ver....