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In The Matter Of M/S Incowax Ltd. v. M/S Ess Bee Packagers (P) Ltd. - COMPANY PETITION No. 133 of 1998 [2006] RD-AH 8208 (24 April 2006)


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Court No. 9.

Company Petition No. 133 of 1998.

M/S. Incowax Ltd.                ...              Petitioner


M/S/ ESS BEE Packagers (P) Ltd.      Respondents.

Hon. Sunil Ambwani, J.

The order dated 4.4.2006 summoning all the Ex Directors for framing of charges was challenged in Special Appeal.  The Division Bench hearing the appeal, did not interfere in the merits of the case, however,expressed an opinion on the submission of Sri Ravi Kant, Senior Advocate, that an opportunity should be given to the appellant to cooperate fully with the Company Court and winding up proceedings.  The Bench directed that the appellant should appear before the Court on his own and voluntarily and not under any warrant or arrest.  If he fails to appear on the dates, his appearance may be secured through non bailable warrant.

Heard Sri Ravi Kant, for Sanjeev Maheshwari who is present in Court and Sri Rajnath N. Shukla learned counsel for Official Liquidator.

Sri Ravi Kant states that the other Directors of the Company namely Sri Vijay Maheshwari aged about 65 years and Smt. Sudha Maheshwari, the father and mother of Sri Sanjeev Maheshwri are old persons and may be permitted to appear through  their counsel.  The prayer is allowed.  Let Sri Vijay Maheshwari and Smt. Sudha Maheshwari appear through counsel.  Sri Sanjeev Maheshwari and Sri Rajiv Maheshwari, however, shall be present  on the next date for framing of charges against all the Ex Directors for non filing of statement of affairs and for playing sharp practice upon the Court.  Sri


Ravi Kant Senior Counsel submits that the entire assets of the company are with in factory at Kanpur where the registered office of the company situate is under the possession of the U.P. Financial Corporation.  He prays for direction to allow the Ex Directors to file statement of affairs.

Sri Ravi Kant has not filed an appropriate application giving the details as to when the possession of the factory was taken.  An appropriate application may be filed for that purpose.  

List on 8.5.2006.

Dt. 24.4.2006.



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