S.PARVATHA RAO
Chlorate India Limited. (Liquidation) Official Liquidator, High Court of A. P. , Hyderabad – Appellant
Versus
Koganti Krishna Kumar – Respondent
( 1 ) THIS Company Application is filed under sub-sections (5) and (5-A) of section 454 of the Companies Act, 1956 (hereinafter referred to as the Act ) for summoning the respondent herein i. e. , Koganti Krishna Kumar and to punish him under sub-section (5) of Section 454 of the Act for non-compliance of the requirements of Section 454 of the Act and to direct him to file forthwith the statement of affairs as required by sub-sections (1), (2) and (3) of Section 454 of the Act.
( 2 ) IN the affidavit filed in support of the Company Application, it is stated that this Court passed winding up order on 17-11-1989 in Company Petition no. 30 of 1985 directing the winding up of Chlorate India Limited and that the official Liquidator has become the Liquidator of the Company under Section 449 of the Act. It is further stated that notice was issued under Sections 454 and 456 of the Act to the respondent herein on 16-1-1990 to submit the Statement of affairs and also to deliver possession of the assets, books and papers of the company and that inspite of that notice, the Statement of affairs has not been filed by the respondent herein. It is further stated that under lett
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