2010 (3) TMI 671

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....ding up order -by virtue whereof, statement of affairs was to be filed by Directors of the Company as named in para 2 of instant application, as required under section 454 of Indian Companies Act, 1956 ("Companies Act"); but it was not done in the prescribed time; as such Official Liquidator (applicant) as a complaint has filed instant application under section 454 of the Companies Act, read with rule 9 of Companies (Court) Rules, 1959. This Court vide order dated 17-9-2004 while admitting the complaint issued notice to the respondents. However, reply to the complaint (instant application) has been filed which has certainly to be examined in accordance with procedure provided for the trial of summons cases under CrPC. But in the reply, p....

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....nfra : "454. Statement of affairs to be made to Official Liquidator.-(5) If any person, without reasonable excuse, makes default in complying with any of the requirements of this section, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may, extend to one thousand rupees for every day during which the default continues, or with both. (5A) The Tribunal by which the winding up order is made or the provisional liquidator is appointed, may take cognizance of an offence under sub-section (5) upon receiving a complaint of facts constituting such an offence and trying the offence itself in accordance with the procedure laid down in the Code of Criminal Procedure, 1898 (5 of 1898) for the t....