In Matter Of Nagpur Transformers Ltd.(In Liq.) v.

(1) olr8.00

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR OFFICIAL LIQUIDATOR'S REPORT NO. 8/2000 In the matter of Nagpur Transformers Ltd. (In Liquidation) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Official Liquidator in person.

CORAM :

ANIL L. PANSARE, J.

DATE :

08.03.2024 Not on board. Taken on board.

The Official Liquidator has prayed for taking cognizance of the offence committed by the accused persons, ex-Directors for the offence punishable under Section 454(5) of the Companies Act, 1956.

As could be seen, the proceedings are pending for last 24 years. Resultantly, five out of six accused persons have expired. Their names have been deleted. It appears that the non applicant no.5 only is alive.

The Official Liquidator has invited my attention to the pursis filed by the non applicant no.5, wherein it is stated that he is medically unfit and is suffering from various ailments due to old age. The medical certificate is annexed with the pursis. It appears that the non applicant no.5 is suffering from advanced Parkinson disease with severe walking disability. This is in addition to diabetes, bronchial asthma. He is also suffering from poor vision and hearing disability. He is not in a condition to travel long distance. Thus, it appears that the health of non applicant no.5 has been deteriorated considerably.

(2) olr8.00 The company has been dissolved by separate order passed by this Court today i.e. on 08.03.2024 on the ground that the company had hardly any amount to its credit to pay huge outstanding amount.

Considering the same as also the sufferance of the non applicant no.5, I am of the considered view that no fruitful purpose will be served by prosecuting him at the fag end of his life.

Accordingly and taking aid of Section 258 of the Criminal Procedure Code, 1973, the proceedings under question are stopped. The Official Liquidator's Report is disposed of accordingly.

(Anil L. Pansare, J.) Kahale