2004 (6) TMI 332 - HC - Companies Law

Court confirms FIR registration & ongoing investigation on missing machinery, holds bank liable.

The Court confirmed the registration of an FIR and ongoing investigation into missing machinery, requiring no further directions. Centurion Bank Limited ... Winding up - Custody of company’s property Issues Involved:1. Directions to Police Authorities for FIR and investigation regarding missing plant and machinery.2. Directions to Centurion Bank Limited and its dismantling agent to compensate for the loss of machinery.3. Other incidental directions.Detailed Analysis:Issue 1: Directions to Police Authorities for FIR and InvestigationThe Official Liquidator submitted a report requesting the Court to direct the Police authorities at Gandhidham to register an FIR and investigate the missing plant and machinery belonging to M/s. Al-Qahatani Pipe Coating Terminal, Saudi Arabia (AQH). The Court initially granted directions for relief (a) on January 7, 2003. However, it was later informed that the machinery dismantled and handed over to Centurion Bank Limited (CBL) had already been sold. Consequently, affidavits were filed by CBL and M/s. R.K. Steel Syndicate (RKS) detailing the transaction and steps taken for dismantling and removal of goods. Joint inspections confirmed the presence of AQH's machinery except for one missing hopper. The Court emphasized the importance of investigating the missing items and ensuring compliance with legal procedures. The Court confirmed that the FIR had been registered, and the investigation was ongoing, thus no further directions were necessary.Issue 2: Directions to Centurion Bank Limited and its Dismantling AgentAQH had established ownership of the machinery through various documents and inspections. Despite the Court's order allowing AQH to remove their machinery, the items could not be removed due to procedural delays. Meanwhile, CBL was permitted to remove its leased items. Joint inspections and meetings confirmed the intact condition of the machinery until July 3, 2003, when CBL and RKS began dismantling. The Court noted that the dismantling and removal of goods by CBL and RKS occurred between July 3, 2003, and August 9, 2003, during which time the missing items of AQH were allegedly taken. The Court found that the officials of the Court Receiver, Official Liquidator, and Customs failed to prevent the removal of AQH's goods, leading to a significant loss. However, the Court decided that it was not feasible to quantify the damages in this summary proceeding and relegated AQH to pursue appropriate legal proceedings against CBL, RKS, and other involved parties to establish ownership and claim damages.Issue 3: Other Incidental DirectionsThe Court highlighted the laxity and possible collusion of the officials involved in the process, which led to the removal of AQH's imported items, causing a loss to the public exchequer. The Court directed the higher authorities to investigate the lapses and take corrective action against the concerned officers. The Court also emphasized the need for the Customs Department to examine the situation and take necessary measures to recover the lost revenue. The Court ordered the submission of compliance reports within six months. Additionally, the Court directed the Official Liquidator to provide copies of the inventory report to the parties and return the sealed files and registers to the respective agencies for preservation.Conclusion:The Court disposed of the Official Liquidator's report, leaving the issue of quantifying damages open for substantive proceedings. It acknowledged the ongoing investigation into the missing machinery and directed the concerned authorities to take appropriate action against the officials responsible for the lapses. The Court appreciated the assistance provided by the advocates and expedited the issuance of certified copies of the order.