2010 (11) TMI 1143

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....arya, J. 1. This appeal is at the instance of two former directors of a company in liquidation and is directed against an order dated 14-5-2010, passed by a learned Single Judge of this Court in CA No. 203 of 2008. By the said order, His Lordship permitted the appellants to put the Official Liquidator with funds for the advertisement to be issued in "The Statesman" and "Sambad Prat....

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....ed a complaint under section 454(5) and 454(5A) of the Companies Act for non-filing of the statements of affairs against the appellants thereby giving rise to CA No. 203 of 2008. 6. In the aforesaid proceedings for violation of section 454(5) and 454(5A) of the Act, the learned Single Judge, by the order impugned, noted the statement of the Official Liquidator that he was not in fund and that alt....

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....of the appeal. 10. After hearing the learned counsel for the parties and after taking into consideration the fact that the order of winding up has attained finality and that the Official Liquidator has lodged complaint against the appellant alleging violation of the provisions contained in section 454(5) and 454(5A) of the Act which is pending, we are of the view that the learned Single Judge did....