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1995 Supreme(Cal) 347

Vidya Nand
Shree Hanuman Steel Rolling Mills Co. Ltd. – Appellant
Versus
Assistant Registrar of Companies, W. B. – Respondent


Advocates:
Advocate Appeared:
Asoke Gupta, Y. Dastoor for the petitioner
Mrs. Pronoti Coswami for the State.

JUDGMENT

Vidya Nand, J.: This petition has been filed for quashing the impugned proceedings being No. C/1708 of 1988 pending before the learned Chief Judicial Magistrate at Alipore, 24 Parganas. A complaint was filed alleging therein that inspite of Show Cause Notice Default Notices issued by the complainant, the Balance Sheet and Profit & loss Account has not been filed before the complainant and as such accused No. 2-4 who are Officers/ Directors of the Company were in default and were knowingly guilty of the said default for non-compliance and failure to file the said Balance Sheet and Profit & loss Account and as such they were liable for punishment under s. 220(3) of the Companies Act 1956. Cognizance was taken in this case.

2. The case of the petitioners is that on August 30, 1988 the Officers attached to the Bureau of Investigation, West Bengal, conducted a search at the registered office of the petitioners and seized, inter alia, the Books of Accounts and other documents purportedly under s. 14(3A) of the Bengal Finance (Sales Tax) Act, 1941, vide annexures 'B' of this petition. From the perusal of the said seizure receipt dated 30th August, 1988 it is manifest that the Cash







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