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2006 Supreme(Raj) 3126

SHIV KUMAR SHARMA
Official Liquidator of Shubh Laxmi Savings and Finance P. Ltd. (in liquidation) – Appellant
Versus
Brij Mohan Gogna (No. 2) – Respondent


For the Applicant:G.K. Garg, Advocate.
For the Respondent:N.S. Chauhan and Arjun Karnani, Advocates.

JUDGMENT

1. - By way of judge's summons taken out under section 543 of the Companies Act, 1956 (for short "the Act") the official liquidator has prayed for an order :

(i) the non-petitioners be held to be liable jointly and severally and they be directed to restore immediately the money and other properties, assets, actionable claims of the company in liquidation, as appearing in the balance-sheet dated June 30, 1981, amounting to Rs. 11,96,091/- forthwith to the official liquidator along with interest and other relief in the form of damages as the Hon'ble court may deem just, proper and expedient in the facts and circumstances of the present case ;

(ii) the non-petitioners be further directed to contribute such sum to the assets of the company in liquidation by way of compensation as may be thought fit and proper in the facts and circumstances of the present case ;

(iii) the non petitioners be further directed to immediately restore to the official liquidator the properties and assets of the company in liquidation which the company may have come into possession of the same during the conduct of the business of the company after June 30, 1981, till the date of passing of the winding u


















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