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Registrar Of Companies, U.P. & Uttaranchal, Kanpur v. M/S Kamal Infosys Ltd. And Others - COMPANY PETITION No. 57 of 2001  RD-AH 2854 (7 February 2006)
Company Petition No.57/2001
In the matter of M/s Kamal Infosys Ltd.
Hon. Sunil Ambwani, J.
In this application filed by Registrar of Companies to wind up M/s Kamal Infosys Ltd. a provisional liquidator was appointed. The taking over of the assets were stayed on 29.1.2002 with directions, not to sell the assets and properties on the ground that the computer courses were being run in the institution, to the benefit of about four hundred students.
Shri Ritu Raj Awasthi representing respondent Nos.1, 2, 3 and 6, namely private respondents Sri Narendra Kumar Shukla, Sri Nishtha Misra and Ms. Divya Tripathi, has made a preliminary objection to the hearing of this petition at Allahabad. He also submits that courses are still being run and there are 19 members in the faculty and 350 students.
Supporting the preliminary objections Shri Awasthi submits that the Supreme Court by its order dated 4.5.2005 had recalled its earlier order dated 3.11.2004, releasing the Jauhari brothers on bail and directing all matters after connecting to be heard by the company Judge. He submits that by a subsequent order the Supreme Court on 9.12.2005 had clarified this matter.
A perusal of these orders shows that the Supreme Court had cancelled the orders enlarging the Jauhari Brothers on bail. The directions, however, that all the matters should be clubbed and heard at one place were not recalled. There is no indication in these orders that directions of the Supreme Court to club all the matters be heard by a nominated Bench (the Company Judge at Allahabad) with additional staff was ever recalled.
In pursuance of the aforesaid order of the Supreme Court, Hon'ble the Chief Justice has nominated the company Judge Allahabad to hear all the matters and thus some more filed pending at Lucknow has been transferred. The preliminary objections are, as such, overruled.
Shri Awasthi has prayed for dismissing the petition on the ground that the Jauhari Brothers were removed as Directors of the company and that the company has no concern with the allegations on which the winding up petitions were filed.
The Official Liquidator points out that CBI after inspecting all the matters has submitted a chargesheet against the Ex-Directors of M/s Kamal Infosys Ltd. as well. It had found complicity of Ex-Directors of Kamal Infosys Ltd. with Shri Arvind Mohan Jauhari, who was also Director of the Kamal Infosys Ltd. during the relevant period. In the chargesheet Shri Narendra Kumar Shukla is named and he is on bail. In the circumstances, I do not find it appropriate, to drop the proceedings against M/s Kamal Infosys Ltd.
Let the Managing Director of Kamal Infosys Ltd. file his affidavit stating the courses, which are being run by him, the arrangement of companies or the examining body, details of the members of faculty and students to consider to extend the order dated 29.1.2002.
The matter shall be taken up again on 02.3.2006. The order dated 29.1.2002 shall operate only till the next date.
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