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Bombay High CourtOLR/294/2017

The Official Liquidator High Court Bombay v. M/S. Shree Vijayraj Entertainment And Software Pvt.Ltd.-

2018-10-17Hon'Ble Shri Justice K.R. Shriram3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR'S REPORT NO.294 OF 2017 IN COMPANY PETITION NO.389 OF 2012 In the matter of Companies Act, I of 1956 ;

And In the matter of M/s.Shree Vijayraj Entertainment and Software Pvt. Ltd. ( In Liquidation) ---- Ms.Siddhi Mishra for Ex-directors.

[Mr.P.Atchuta Ramaiah Official Liquidator and Mr.Mahendhar AitheCompany Prosecutor for Official Liquidator present]. ---- CORAM : K.R.SHRIRAM,J DATE : 17.10.2018 P.C.:- 1.

Ms.Mishra appearing for the two ex-directors states that one of the ex-director Dhananjay Patani is present in court and on instructions, states that the ex-directors will go and meet the Official Liquidator at 4.30 P.M. on 26.10.2018 and submit all documents/comply with all requirements of section 454 of the Companies Act 1956. Ms.Mishra agrees that there has been a considerable delay on the part of the ex-directors to submit the statement of affairs.

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In view of the statement made, time granted upto 26.10.2018. If there are any deficiencies, on 26.10.2018 itself, Official Liquidator will indicate the deficiencies to the ex-directors which will be made good on or before 2.11.2018. If the ex-directors do not submit final statement of affairs to the satisfaction of the Official Liquidator by 2.11.2018, prayer clauses-(a) & (b) of this Report are deemed to have been granted. The same read as under :- "(a) In view of para (7) and (8) of this report, whether this Hon'ble Court would be pleased to permit the Official Liquidator to file Criminal Complaint under Section 454(5) of the Companies Act, 1956 read with Rule 132 of the Companies (Court) Rules, 1959 against the Ex-director(s) of the Company (In Liquidation) and also direct the Ex-director(s) of the company (In Liqn.) to appear before the Official Liquidator and record statement under Rule 130 of the Companies (Court) Rules, 1959 ;

(b) In view of para (9) of this report, whether this Hon'ble Court would be pleased to permit the Ministry of Corporate Affairs for blocking the names of the Exdirector(s) after issuing of show cause notice as mentioned in paragraph 8 supra.

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Official Liquidator's Report accordingly disposed. 4.

For not responding to the Official Liquidator's communication, each of the ex-directors shall give donation of Rs.10,000/- to `The Free Opthalmic Hospitals Society', S.B.Account

3/3 No.011710005364, IFSC Code : BKDNo450117, Dena Bank, Parel, Mumbai-400 012, and this amount shall be paid within one week from today. Compliance shall be filed with the Official Liquidator before 26.10.2018.

(K.R.SHRIRAM,J)