2006 (7) TMI 343

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....nt with the company, two directors resigned from the post of directorship on 1-6-2000. The appellant was appointed on 1-6-2000. Form No. 32 issued is dated 1-6-2000. He tendered his resignation on 2-6-2001, in terms of the instructions of the managing director. His resignation was accepted and he was relieved from the post of directorship of the company. One S.K. Jha was appointed as a director of the company. The appellant intimated to the respondent that he was not the director of the company. He also gave the address of the managing director of the company in terms of the communication dated 13-12-2002. He was an employee hardly for about 1½ years. He became the director on 1-6-2000, and resigned on 2-6-2001. He was not aware of t....

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....up, whether by the Tribunal or voluntarily, or which is subsequently ordered to be wound up by the Tribunal or which subsequently passes a resolution for voluntary winding up,-. . . (c )does not deliver up to the liquidator, or as he directs, all such books and papers of the company as are in his custody or under his control and which he is required by law to deliver up." 6. In the case on hand, the appellant-applicant wants to be exempted from filing books of account and records and to delete him as party respondent in the proceedings initiated by the official liquidator. The learned judge has chosen to say that the letter, Annexure "C" by itself cannot be taken as evidence with regard to the appellant being a mere nominal director. Anne....