Consignment to record of company proceedings allowed with liberty to revive while company remains undissolved.

The core issue was whether applications under the Company (Court) Rules to consign long pending company proceedings to record may be allowed when respondents are untraceable and service cannot be effected, while preserving scope to revive later as the company is not finally dissolved under the Companies Act. The court applied the principle that consignment to record is appropriate where prolonged inability to serve obstructs progress and substantive relief cannot be obtained, and accordingly allowed the Official Liquidator's s.9 application, consigning the specified matters to record with liberty to revive when respondents are located.

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Issues: Whether the applications filed by the Official Liquidator under section 9 of the Company (Court) Rules for consigning company applications to record should be allowed and liberty granted to revive the proceedings as and when the whereabouts of respondents are discovered, while the company-in-liquidation is not finally dissolved under section 481 of the Companies Act.

Analysis: The Official Liquidator sought consignment to record on account of prolonged inability to effect service on respondents despite warrants, police assistance, and efforts recorded over many years; misfeasance and criminal proceedings had been initiated earlier but remained pending due to untraced respondents. The application relied on the facts of extended pendency of winding up and inability to proceed in the absence of effective service, together with an express request for liberty to revive the proceedings when respondents are located and during the pendency of dissolution proceedings under the Companies Act.

Conclusion: The application under section 9 of the Company (Court) Rules is allowed; the specified company applications are consigned to record and liberty is granted to the Official Liquidator to apply for revival of the proceedings when the respondents' whereabouts are discovered, while the company-in-liquidation is not finally dissolved under section 481 of the Companies Act.

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