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IN THE MATTER OF M/S. JOKHODIA ENGINEERING PVT. LTD.

High Court of Judicature at Allahabad

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In The Matter Of M/S. Jokhodia Engineering Pvt. Ltd. - COMPANY APPLICATION No. 39 of 1994 [2007] RD-AH 6518 (10 April 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

10-04-2007 Hon'ble S.P.Mehrotra, J.

It appears that by the order dated 29th January, 2007, the Court took cognizance of offence under Section 454 (5) and Section 630 of the Companies Act, 1956 against the Ex-Directors, namely, Smt. Sitara Devi, K.K. Agarwal,  Smt. Neelima Agarwal and Sharad Agarwal.

The said order dated 29th January, 2007 further directed for issuance of bailable warrants for securing the presence of all the Ex-Directors. The bailable warrants were directed to be sent to the Chief Metropolitan Magistrate, Kanpur Nagar for being executed on the said Ex-Directors.

The case was, thereafter  listed on 7th March, 2007 when the Court passed the following order :

"Shri Rajnath N. Shukla appears for Official Liquidator. The Chief Metropolitan Magistrate, Kanpur Nagar reports that Shri Sharad Agarwal was apprehended and has filed the bonds for appearance. No one appears in the Court today.

Let Shri Sharad Agarwal be arrested for failing to comply with the undertaking given to appear in the court and produce before this Court on 10-4-2007. Fresh bailable warrants be issued to remaining Directors and be sent immediately to CMM, Kanpur Nagar with reference to previous communication for apprehending other Ex-Directors for their appearance on 10-4-2007.

List on 10-4-2007."

Pursuant to the said order dated 7th March, 2007, the case is listed today.

Sri Raj Nath Shukla, learned counsel for the Official Liquidator, and Sri Kushal Kant, learned counsel for the Ex-Director  K.K. Agarwal, are present.

Shri Kushal Kant, Advocate states that he will be filing Vakalatnama on behalf of the Ex-Directors, namely, Sharad Agarwal and Smt. Neelima Agarwal  during the course of the day.

Civil Misc. Application No. ..... of 2007 has been filed on behalf of the aforesaid Sharad Agarwal in respect of whom direction for arrest was given in the said order dated 7th March, 2007.

Registry is directed to give appropriate number to the said Application.

The said Application is supported by an Affidavit of Sharad  Agarwal, sworn on 9th April, 2007.

By the said Application, the said Sharad Agarwal seeks to tender unconditional apology  for not having complied with the directions of this Court, and for not having appeared before this Court on 7th March, 2007.

It is prayed in the said Application that the order dated 7th March, 2007 for the arrest of the said Sharad Agarwal be recalled.

It is, inter-alia, stated in the Affidavit accompanying the said Application that on 6th March, 2007, message was received that the grand-mother of the said Sharad Agarwal, namely, Smt. Sitara Devi, aged about 78 years, who is presently residing  in Nepal, was seriously ill ; and that on account of the serious illness of the grand-mother, the said Sharad Agarwal along with his parents had to rush to Nepal to see his ailing grand-mother ; and that as such, the said  Sharad Agarwal could neither inform his counsel nor could any application be moved  for  exemption from appearance  on 7th March, 2007 ; and that non-appearance of the said Sharad Agarwal on 7th March, 2007 was not deliberate but on account of compelling circumstances.

The said Sharad Agarwal is  personally present before the Court today, and he is identified by Sri Kushal Kant, Advocate.

The said Sharad Agarwal has undertaken before the Court that he will be personally present on every date to be fixed   henceforth,  in the case, unless otherwise  directed by the Court.

Having regard to the facts and circumstances stated in the aforesaid Application and its accompanying Affidavit and keeping in view that the said Sharad Agarwal has personally appeared before the Court today, and he tenders unconditional apology and undertakes to appear on every date to be fixed henceforth in the case, the order for the arrest of the said Sharad Agarwal, as contained in the order dated 7th March, 2007, is kept in abeyance until further orders of this Court.

Civil Misc. Application No. ..... of  2007 purporting to be on behalf of the four Ex-Directors, has been filed through Sri Kushal Kant, Advocate.

It is, inter-alia, prayed that the order dated 7th March, 2007 be recalled and the personal appearance of the aforesaid four Ex-Directors of the Company (in liquidation) be exempted.

The said Application is accompanied  by an Affidavit, sworn by the said Krishna Kumar Agarwal on 9th April, 2007.

It is, inter-alia, stated in the said Affidavit of Krishna Kumar Agarwal that Smt. Sitara Devi is the mother of the said Krishna Kumar Agarwal and also  Director of the Company (in liquidation) but she is aged about 78 years and not conversant with the affairs of the Company (in liquidation), and presently she is residing  outside India, in Nepal.

It is, inter-alia, further stated in the said  Affidavit that Smt. Sitara Devi has also not been keeping  good health and was recently seriously ill as well ; and that Smt. Sitara Devi, on account of her ill health, is unable to appear in person before this Court.

It is note-worthy that no details of the alleged illness of the said Smt. Sitara Devi, have been given in the said Affidavit, nor has any document been filed to substantiate  the averments regarding illness of the said Smt. Sitara Devi, made in the Affidavit.

It is, inter-alia, further stated in the said Affidavit that Smt. Neelima Agarwal is the wife of the said K.K. Agarwal and she is a house-wife and has never been  involved with the affairs  of the Company (in liquidation)  and has only a small shareholding in the Company (in liquidation).

It is, inter-alia, further stated in the said Affidavit that the said Sharad Agarwal too has never been involved with the affairs of the Company (in liquidation).

It is, inter-alia, further stated in the said Affidavit that the said K.K. Agarwal, who is the Director of the Company (in liquidation), had been looking after the affairs of the Company (in liquidation).

The said K.K. Agarwal and Smt. Neelima Agarwal are personally present before the Court, and they are identified by Sri Kushal Kant, Advocate.

Sri Kushal Kant, Advocate submits that an Application will be filed on behalf of the said Smt. Sitara Devi giving complete details regarding her illness, and therefore, no further action be taken in regard to the said Smt. Sitara Devi.

Having considered the averments made in the aforesaid Application and its accompanying Affidavit, the Court is not satisfied that any good  ground has been made out for recalling the order dated 7th March, 2007. However, in view of the fact that the said K.K. Agarwal and  Smt. Neelima Agarwal have appeared in person before the Court today, the bailable warrants, issued against them, are kept in abeyance until further orders of this Court.

The said K.K. Agarwal and Smt. Neelima Agarwal will be personally present on the next date fixed in the case.

Sri Kushal Kant, Advocate submits that the Statement of Affairs in respect of the Company (in liquidation) has already been submitted by the said Krishna Kumar Agarwal  before the Official Liquidator.

Sri Raj Nath Shukla, learned counsel for the Official Liquidator, however, points out that the Statement of Affairs  in respect of the Company (in liquidation) has been  handed over to the Official Liquidator today.

Sri Raj Nath Shukla, learned counsel for the Official Liquidator prays that time be granted to the Official Liquidator to go through the Statement of Affairs, handed over today to the Official Liquidator, and submit Report regarding sufficiency of the Statement of Affairs by the next date fixed in the matter.

Sri Raj Nath Shukla, learned counsel for the Official Liquidator further submits that possession of the assets of the Company (in liquidation) has not as yet been handed over to the Official Liquidator by the Ex-Directors of the Company (in liquidation).

Sri Shukla further submits that despite repeated efforts by the Official Liquidator, the Ex-Directors have not handed over the possession of the assets of the Company (in liquidation).

Sri Kushal Kant, Advocate appearing for the Ex-Directors of the Company (in liquidation), on the  instructions received from the said Krishna Kumar Agarwal, Smt. Neelima Agarwal and  Sharad Agarwal, has made a statement before the Court that the said Ex-Directors will be personally present at the  Registered Office of the Company (in Liquidation) on 25th April, 2007 between 10.00 A.M. to 5.00 P.M. , and will hand-over the possession of the assets of the Company (in liquidation) to the Official Liquidator.

In view of the above, the Official Liquidator is directed to visit the Registered Office of the Company (in liquidation) on 25th April, 2007 for taking possession of the assets of the Company (in liquidation).

The District Magistrate, Kanpur Nagar and  the Senior Superintendent of Police, Kanpur Nagar are directed to render all help to the Official Liquidator in taking possession of the assets of the Company (in liquidation) on the said date, namely, 25th April, 2007.

Sri Raj Nath Shukla, learned counsel for the Official Liquidator further submits that in view of the handing over of the Statement of Affairs  in respect of the Company (in liquidation) today, the Ex-Directors may be directed to appear before the Official Liquidator for answering the questions as per the provisions of Rule 131 of the Companies (Court) Rules, 1959.

Sri Kushal Kant, Advocate appearing for the Ex-Directors assures the Court that the Ex-Directors will appear before the Official Liquidator on any date fixed by the Official Liquidator.

Sri Raj Nath Shukla, learned counsel for the Official Liquidator suggests that the Ex-Directors  may be directed to appear before the Official Liquidator on 23rd April, 2007 between 10.00 A.M. to 5.00 P.M.

It is, accordingly, directed that the aforesaid Ex-Directors, namely, Krishna Kumar Agarwal, Smt. Neelima Agarwal, and Sharad Agarwal, who are personally present before the Court today, will appear before the Official Liquidator on 23rd April, 2007 between 10.00 A.M. to 5.00 P.M. for answering the questions as per the requirements of Rule 131 of the Companies (Court) Rules, 1959.

Company Petn.No.39 of 1994/Ct.30/AK/L


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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