M/S. Mis. Pec Electrical Pvt. Ltd., (In Liqn.) v. Sri.Bollina Bapi Raju,
The Hon'ble Sri Justice C.V.Nagarjuna Reddy Company Application Nos.1608 of 2014 & 736 of 2015 Date: 20.04.2015 Between:
M/s.PEC Electrical Pvt. Ltd.,(in liqn.) rep. by the Official Liquidator ..... Applicant and Sri Bollina Bapi Raju and 2 others ....Respondents/Accused Counsel for the applicant: Sri M.Anil Kumar, Counsel for OL Counsel for respondent Nos.1 & 2: --- Counsel for respondent No.3: Sri GVVSR.Subrahmanyam The Court made the following:
Common Order:
Company Application No.1608 of 2014 is filed with the following prayer ::
(i) to take cognizance of the offence committed by the accused under Section 454 (5A) of the Companies
Act, 1956 (for short 'the Act');
(ii) to summon the accused for being tried and punished in accordance with sub-section (5) of Section 454 of the Act for having willfully and deliberately not complying with the requirements of sub-sections (1), (2) and (3) of Section 454 of the Act read with the provisions of the Cr.P.C; and (iii) to dispense with the presence of the complainant during the trial of the Complaint.
Mr.M.Anil Kumar, learned Counsel for the Official Liquidator, submitted that as the address of accused No.1 was not correctly mentioned in the cause title of Company Application No.1608 of 2014, the Official Liquidator has filed Company Application No.736 of 2015 for permission to amend the address. He has further submitted that as the said Application was not filed as per the proper procedure, the Official Liquidator may be permitted to withdraw both the Applications. In the light of the above submissions of the learned Counsel for the Official Liquidator, both these Company Applications are dismissed as withdrawn with liberty to the Official Liquidator in terms of the prayer made.
______________________ (C.V.Nagarjuna Reddy, J) Dt: 20th April, 2015 Lur