1. The petitioners are a banking company and its directors, and they seek relief, under S.633 of the Companies Act, 1956, from apprehended prosecution for failure to comply with the provisions of S.159, 166, 210 and 220 of the Act, the failure being punishable under S.162 (1),168, 210 (5) and 220 (3) respectively.

2. It would appear from the affidavit filed in support of the petition that, soon after petitioners 1 to 11 became directors of the 12th petitioner company in pursuance of a scheme of reconstruction sanctioned by this court, the books of some of the branches of the company were seized by the police in connection with some criminal cases and are now in court, the cases being still pending. That being so, it was not possible for the company to prepare its balance-sheet and profit and loss account and get them audited, and this was the reason why the company could not comply with the provisions referred to. I am satisfied that the default was due to reasons beyond the control of the company and its directors. Therefore it would be hard if they are to suffer criminal liability on account of the default.

3. Turning next to the application of S.633, I might at the ver