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Judgment
H.N. Nagamohan Das, J.—This application is filed by the Official Liquidator against the respondents u/s 454 of the Companies Act to punish the respondents for non-filing the statement of affairs.
This court by order dated 18-12-2008 ordered to wind up M/s. Next Fashion Creators (P.) Ltd. The Official Liquidator attached to this court had taken over the assets of the company-in-liquidation. Thereafter, the Official Liquidator called upon the respondents who are Directors of the company-in-liquidation to file statement of affairs. Since the respondents failed to file the statement of affairs within the time specified under law, the Official Liquidator is before this court u/s 454 of the Companies Act. This Court vide order dated 9-7-2010 framed the charge and the respondents pleaded not guilty.
It is not in dispute that the respondents were the Directors of the company-in-liquidation. Thereafter the applicant examined one witness as PW 1 and got marked Ex.P1 to P9. The respondents examined one witness as RW.1 and got marked Ex.R 1 to R3. During the pendency of this application, the respondents filed statement of affairs on 31-8-2009 as per Ex.P3. The Official Liquidator on verification of statement of affairs issued a notice on 29-9-2009 calling upon the respondents to clarify certain defects. The respondents by their reply dated 7-12-2009 clarified the defects and produced certain documents. Again the Official Liquidator issued another notice as per Ex.P6 calling upon the respondents to clarify certain defects. The respondents issued reply as per Ex.P7 clarifying the defects from this exchange of notice and reply between the applicant and the respondents, it is clear that on 7-4-2004 a fire accident had occurred in the premises of the respondent company. As per the FIR and Mahazar drawn by the concerned authorities, it is clear that the entire movables, computers, books and files were destroyed. It is under these circumstances, the respondents contend that they were not in a position to clarify some of the queries raised by the Official Liquidator. This explanation of the respondents in the facts and circumstances of this case appears to be bona fide, reasonable and genuine.
There is no pleading or evidence on the side of the applicant contending that the fire accident had taken place on account of negligence or intentionally on the part of the respondents. In the absence of any such evidence and pleading, I am of the considered opinion that the applicant has failed to make out a case against the respondents. Accordingly, the application is hereby dismissed and respondents are discharged.