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TMI Blog2012 (5) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... icant. Vivekanand Anthony Britto for the Respondent. ORDER 1. The instant application is filed by the Official Liquidator under Section 454 of the Companies Act, 1956 praying that this Court take cognizance of the offence committed by the respondent in not filing the statement of affairs as provided in law and to punish the accused. 2. The company-in-liquidation was ordered to be wound-up by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not the director of the Company-in- liquidation as on the date of the order passed by this Court to wind-up the company-in-liquidation. In a normal circumstance, when the objection statement is filed to the main application, tendering of evidence would have been required. However, considering the fact that the 3rd respondent has sought discharge from the instant proceedings on the ground that he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was on 29.03.2003. However, the fact, that the same has been lodged in the Registrar of Companies on 07.04.2003 is sufficient. That being the position, the 3rd respondent in any event was not required to file the statement of affairs and therefore the allegation made against him is not sustainable. The 3rd respondent also stands discharged from the proceedings. As a consequence thereof, the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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