High Court of Judicature at Allahabad
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In The Matter Of M/S Sun Tanning Industries Pvt.Ltd. - COMPANY PETITION No. 12 of 1999  RD-AH 3669 (16 February 2006)
Hon. Sunil Ambwani, J.
Heard Shri Rajnath N. Shukla, learned counsel for the Official Liquidator. This is an application by the Official Liquidator under Section 454 (5) of the Companies Act, 1956, to direct the Ex-Director to file statement of affairs made on the date of winding up of the company. This company was wound up by the Court on 3.10.2005 and the Official Liquidator has been appointed as liquidator by virtue of Section 449 of the Companies Act, 1956.
The report No.16 of 2006 filed by the Official Liquidator shows that the Official Liquidator has given notice to the Ex-Director namely Shri S.K. Singh R/o Hanspuram, Naubasta, Kanpur and Shri Balwant Rai Srivastava R/o 128/26 "F" Block Kidwai Nagar, Kanpur filed statement of affairs, failing which the Ex-Directors may be prosecuted under Section 454(5) (5A) of the Act.
Let notices be issued, to the Ex-Directors named above on their address given in the application, of this application to show cause as to why they may not be prosecuted under Section 454 (5) of the Act for the offences of non-filing of the statement of affairs and handing over the assets of the company to the Official Liquidator, which are punishable with two years of imprisonment and Rs.10,000/- as fine after 21 days from the date of winding up order. This order shall accompany the notices.
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