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1974 Supreme(Del) 200

S.RANGARAJAN
R. C. ABROL – Appellant
Versus
OFFICIAL LIQUIDATOR R. C. ABROL AND COMPANY PRIVATE LIMITED – Respondent


Advocates Appeared:
A.K.JAIN, I.D.Khanna, P.C.Khanna

S. RANGARAJAN, J.

( 1 ) THE judgment in this Company Application will dispose of C. As 61/72 and 80/72 also. The applicant in C. A. 61/72 (R. C. Abrol) is the husband of the applicant (Smt. Swaran Lata) in C. A. 80/72. C. A. 12 of 1972 was filed by the Office Liquidator (hereafter referred to in the abbreviated form as O. L.) on 23-12-1971 in the General Section and made over to the Company Section where it was registered on 3-1-1972. The O. L. had filed the report dated 21-12-71. Among other particulars which are required to be, furnished under section 455 (1) of the Companies Act, 1956 (hereafter called the Act), he had also expressed his "clear opinion" that "the directors and certain officers have committed fraud on a big scale in conduct of the business of the company and it is for the aforesaid reasons that tlie company had failed and further a detailed enquiry is desirable". He had also stated, inter alia, that Mrs. Swaran Lata was "only a signing authority" and was illegally being paid Rs. 1000. 00 per month since 1963. Some further allegations had been made to the effect that large amounts which were received as fixed deposits in the name of the company but were put into p



































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