AI Structured Summary
Not yet generated for this judgment
Judgment
K. Kannan, J.
C.A. No. 613 of 2008
Application allowed. Exemption from filing of original copies of annexures is granted.
C.A. No. 614 of 2008
The sanction is sought for investigation to the affairs of the Company proposed to be carried out u/s 235 of the Companies Act. The company
was ordered to be wound up on 16.12.1999 and the official liquidator had taken possession of the registered office/factory premises. It is brought
out on record that the official liquidator himself has taken steps for obtaining statement of affairs from the ex-directors of the company as well as
the records of the company and they have not so far been delivered up to the official liquidator.
The investigation which is contemplated u/s 235 and the power of seizure of the document or taking up prosecution can avail only against the
directors and ex-directors of the company as on 16.12.1999 till the eve of order of winding up. The petitioner has placed on record report of the
Deputy Director (Inspection) justifying the reasons for carrying out investigation. For the reasons stated in the proceedings dated 5.5.2008, the
sanction as sought for is granted to carry on with investigation to affairs of the company and the official liquidator shall cooperate with such records
as may have come to his possession subsequent to the order of winding up.
In the above terms, application stands disposed of.