High CourtsSingle Bench(2010) 11 RAJ CK 0107

Surya Power Ltd. vs S.K. Bhargava and Another

Rajasthan High Court · Decided on 11 November 2010

HON’BLE JUDGES
Ajay Rastogi, J
CASE NUMBER
Company Application No. 122 of 2000 in Company Petition No. 7 of 1993

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Judgment

9 paragraphs · 243 words

Ajay Rastogi, J.—From the pleadings on record, following issues are framed for adjudication:

1.

Whether the ex-directors of the company have misappropriated the money and properties of the company (in liquidation) namely M/s. Surya Power Limited ?

2.

Whether the ex-directors of the company have been negligent and are personally responsible for not recovering the money from the loanees and the persons to whom the advances had been granted ?

3.

Whether the ex-directors have not handed over the assets of the company and complete account books to the Official Liquidator and whether they are liable for restoring the properties, record and all the money of the company Liquidator ?

4.

Whether an amount of Rs. 20,64,331/- towards stock of raw-material, finished goods packing and other stores and spares stock in process and scrap is liable to be given to the Official Liquidator by the Respondents ?

5.

Whether the Respondents have not given the share certificates and S.B. Account No. and address of the post office to the applicant which resulted in non-realization of any amount ?

6.

Whether the Respondents are liable for the value of the amount towards debt for which no steps were taken for recovery within the limitation amounting to Rs. 12,14,826.00 and Rs. 64,58,771.93 towards loans and advances and sundry debtors respectively ?

2.

The applicant may get their witnesses examined and examination-in-chief may be filed on the next date of hearing.

3.

List after four weeks.