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2012 Supreme(Raj) 2188

AJAY RASTOGI
Official Liquidator – Appellant
Versus
G. C. Bhandari – Respondent


For the Applicant:Amod Kasliwal, Advocate.
For the Respondents:JK Singhi, Sr. Advocate with Ravinder Pal and Sandeep Taneja, Advocates.

JUDGMENT

1. - Instant company application No. 548 dated 06/01/2012 has been filed by the Official Liquidator u/R.9 of the Companies Court Rules,1959 read with Section 151 CPC for recalling the order dated 05/12/2008 deleting the name of Sh.GC Bhandari, who was one of the promoter director of M/s B.T. Conductors Pvt. Ltd (Company in liquidation), died during pendency of the proceedings on 07/02/2007.

2. The brief facts that culled out from the averments made in the application indicates that the original Company Application No.29/1993 was filed u/Sec. 542 and 543(1) of the Companies Act, 1956 for repayment and restoration to the Company in liquidation impleading the directors of the Company as respondents and late GC Bhandari, being one of the promoter director of the Company, was impleaded as respondent No.1 in the original Company Application No.29/1993.

3. Notices of the company application No. 29/1993 were served upon late GC Bhandari, counsel appeared on his behalf and reply was filed and issues were framed and during pendency G.C. Bhandari died on 07/02/2007. This Court would like to note that Sh.TC Bhandari, who is real younger brother of late GC Bhandari, informed the Court by
















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