The Official Liquidator High Court Bombay v. National Food Products (India) Pvt. Ltd

211-16-OLR=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR REPORT NO. 211 OF 2016 IN COMPANY PETITION NO. 162 OF 2013 In the matter of Companies Act, I of And In the matter of M/s. National Food Products (India) Ltd. (In Liqn.) M/s. Bell Finvest (India) Ltd.

.. Petitioner Ms. Yogini D. Chauhan, Dy. O.L. present CORAM : R.D. DHANUKA, J.

DATED : 21st APRIL, 2017.

P.C.

1.

A perusal of affidavit of service dated 24th March, 2017 filed by the Official Liquidator indicates that the notice is returned unserved with postal remark "left". In this situation, this Court cannot grant prayer to the Official Liquidator to file a criminal complaint under Section 454(5) of the Companies Act, 1956 r/w Rule 132 of the Companies (Court) Rules, 1959 against the Ex-Directors of the company in liquidation. However, the Official Liquidator is permitted to take assistance of the concerned Police Station to find out the new address of the Ex-Directors. If any new address of the Ex-Directors is Uday S. Jagtap

211-16-OLR=.doc located by the Official Liquidator, the service of the report shall be effected upon the Ex-Directors and they shall be directed to file statement of affairs. If there is non-cooperation on the part of the ExDirectors, the Official Liquidator would be at liberty to file a fresh report for appropriate action as sought for in this report. 2.

The Official Liquidator Report is disposed of in the aforesaid terms with liberty as prayed for.

(R.D. DHANUKA, J.) Uday S. Jagtap