JUDGMENT - F.I. REBELLO, J.:---Company Application No. 446 of 1998 has been moved by the applicants wherein they have prayed that they be allowed to prosecute the respondent Company and its Directors in Criminal Case No. 251/S of 1998 at Dadar Court and in Criminal Case No. 611/S of 1998 at Girgaum Court in respect of complaints which have been filed under the provisions of section 138 of the Negotiable Instruments Act. In a Company Petition filed against the Company by Minutes of Order dated 3rd January, 1997, it was provided that, in the event the Company failed to pay the instalments, the Official Liquidator in terms of Clause (3) of the Minutes of Order was to stand appointed as Provisional Liquidator. There was a failure by the Company to pay in terms of the Minutes of Order and consequently the Official Liquidator stood appointed as Provisional Liquidator of the Company's assets. By the present application permission is sought under section 446(2) of the Companies Act to prosecute the complaints against the Company only, as no permission is required to prosecute or continue the prosecution of the Officers involved.

Company Application (Lodging) No. 621 of 1998, has been taken

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