M/S Craftech Numerics Pvt Ltd v. Pawan Gaur & ORS.

$~CP-59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.O.(CO.) 10/2012 M/S CRAFTECH NUMERICS PVT LTD ..... Petitioner Through Mr.D.Bhattacharya, Adv. for the OL versus PAWAN GAUR & ORS.

..... Respondent Through Mr.Bhaumik Nayyar, Adv. for Ex.

Directors

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 21.08.2018 This complaint is filed under section 454(5) & 5(A) of The Companies Act, 1956 against the Ex. Directors asking the accused to submit the Statement of Affairs with the OL and to pay to the complainant the fine imposed on the accused persons. It transpires that the case of the Ex. Directors was that the records of the company in question were lying in the factory premises at Noida which was taken over by Canara Bank, the secured creditor. It was pleaded that Canara Bank never returned the said accounts to the Ex. Directors on account of which the Ex. Directors could not file the Statement of Affairs.

However, Canara Bank has placed on record an affidavit of Shri Champak Kumar, Divisional Manager, Canara Bank House, Sector-20D, Chandigarh. Submission is also made that all records were handed over to the Officers of the respondent company in the presence of Mr.Pawan Gaur the present Ex.Director of the respondent company. Learned counsel appearing for the Ex.Director submits that he would compensate the expenses paid by the OL and will deposit a sum of Rs.50,000/- with the OL

within three weeks from today.

In view of the above, the present petition is disposed of. All pending applications, if any, also stand disposed of. JAYANT NATH, J AUGUST 21, 2018 n