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2024 Supreme(Cal) 532

SHAMPA DUTT (PAUL)
Brabourne Commerce Private Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Jishnu Saha, Sr. Adv. Mr. Kuldip Mullick, Mr. Tirthankar Dey, Ms. Somali Bhattacharjee, Ms. Shukla Maity.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revisional application has been preferred praying for quashing of the proceedings of Complaint Case No. (Comp.) 10 of 2019 under Section 135 read with Section 134(3)(o) of the Companies Act, 1956 pending before the Learned 2nd Special Court, Calcutta and all Orders passed in connection therewith.

2. In spite of due service, there is no representation on behalf of the opposite parties.

3. The petitioners’ case is that the petitioner no. 1 is a company incorporated under the provisions of the Companies Act, 1956 and is an existing company as defined under the Companies Act, 2013. The petitioner Nos. 2, 3 and 4 are the Directors of the Petitioner no. 1, company.

4. On or about May 3, 2019 the opposite party No.2 filed a complaint under Section 135 read with Section 134(3)(o) of the Companies Act, 1956 before the Learned 2nd Special Court, Calcutta (hereinafter referred to as the “Learned Special Court”) against the petitioners and the same was registered as Case No. Comp. 10 of 2019.

5. The allegations therein are as follow:-

    i) That the Net-Worth of the Company for the year ended 31.03.2012, 31.03.2013. 31.03.2014 and 31.03.2015 stood at Rs.

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