TaxTMI 
TaxTMI 
2012 (3) TMI 160
X X X X Extracts X X X X
X X X X Extracts X X X X
....f M/s. Metlex Ceramics Ltd. (in liquidation) on the ground that no Statement of Affairs had been filed by any of these Directors in spite of the company being ordered to be wound up as far back as on 21st July, 2004. The appellant herein had appeared in those proceedings. Her statement was recorded by the Official Liquidator. Thereafter the matter was heard. The contention of the appellant was that she is a housewife and was not participating in the affairs of the company; her husband who was mainly looking after the affairs of the company had suffered a stroke and because of which he was paralyzed and confined to bed; in his absence she was made to sign certain papers; otherwise she was not concerned with the running of the company (in liq....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s filed the report stating as under:- Status Report "R-1 Sh. Jaswant Kumar Garg S/o Sh. Dharam Chand Garg A, 2-B, Ashok Vihar New Delhi-110 052. The Hon'ble Court vide its order dated 10th August, 2006 deleted the name of Sh. J.K. Garg, from array of parties, as the IDBI has appointed the said respondent as the nominee of IDBI on the Board of Directors of the Company w.e.f. 4/11/93 and withdrew the nomination w.e.f. February 04,1998. Copy of order and letter of IDBI are enclosed as Annexure 'A'. R-2 Sh. Tircky Vaidyanathan Gaveron B-154, B.K. Dutt Colony, New Delhi As per process server report he was residing on rent at the given address 8-10 years ago. Copy of notice along with process report is enclosed as....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Sh. Rajiv Bohra S/o Sh. Johrimal Bohra G-159, Sarita Vihar New Delhi As per the Police report Mr. Rajiv Bohra is not residing at the given address. A copy of report is enclosed as Annexure 'G'." 3. It is clear from the above that R-1 Sh. Jaswant Kumar Garg and R-6 Sh. Raghuber Sareen Nigam were appointed to the Board of Directors as nominee of IDBI and on the direction of BIFR respectively. In so far as R-4 Sh. J.K. Mukhi is concerned he was discharged by the Company Judge vide order dated 14th September, 2007 and his name had been deleted from the array of the respondents. R-2 Sh. Tircky Vaidyanathan Gaveron is not available at the given address and his present whereabouts are not known. Same is the position of R-5 Sh. Balu....
X X X X Extracts X X X X
X X X X Extracts X X X X
....or the appellant has relied upon the Full Bench judgment of this Court in Security & Finance (P.) Ltd. v. B.K. Bedi [1974] 44 Comp. Cas. 499 (Delhi) (FB) and Division Bench judgment in Devinder Kishore Mehra v. Official Liquidator [1980] 50 Comp. Cas. 699 (Delhi) and on the basis of these judgments his submission is that there should be some evidence on record before the Learned Company Judge decides to proceed against a person under Section 454(5) of the Companies Act. These judgments are discussed at length by the Learned Company Judge in the impugned order. The Learned Company Judge has also referred to and has distinguished those judgments. 6. We have deliberately referred to the position qua other Directors and have pointed out that....