Sicom Limited v. The Official Liquidator Of Amar Remedies Limited

kvm 1/2 41-CA645.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 645 OF 2015 IN COMPANY PETITION NO. 281 OF 2013 SICOM Limited ..... Applicant/ Third Party

IN THE MATTER OF

M/s.Avadh Mercantile Company Limited ..... Petitioner

VERSUS

The Official Liquidator, High Court, Bombay ..... Respondent None for the Applicant.

Ms.Krishna Kedia, i/b. Khaitan & Co. for the Petitioner in the Company Petition. Mr.Mahendhar Aithe, Company Prosecutor for the Official Liquidator present. CORAM : R.D. DHANUKA, J.

DATE : 20th JANUARY, 2017 P.C.

None appeared for the applicant when the matter was called out. The application is opposed by the learned company prosecutor on the ground that no leave under section 446(1) of the Companies Act,1956 is required for prosecuting a criminal complaint filed under section 138 of the Negotiable Instrument Act, 1881 against the company in liquidation and its directors. Statement is accepted. 2.

Company application is accordingly dismissed. It is made clear that the applicant can proceed with such complaints filed under section 138 of the Negotiable Instrument Act, 1881 against the respondent company in liquidation and against ex-directors.

kvm 2/2 41-CA645.15 3.

It is made clear that the presence of the Official Liquidator in those criminal proceedings is dispensed with. The applicant is however directed to inform about the progress of the said matter to the Official Liquidator every six months. 4.

Application is disposed of in the aforesaid terms. No order as to costs. (R.D.DHANUKA, J.)