1. Instant company application has been filed by the Official Liquidator under Section 543 of the Companies Act, 1956 seeking following relief:-

“(i) Examine into the conduct of the respondents No. 1 & 2 and compel them to restore such money and properties of the Company in liquidation as may be thought fit and proper by this Hon’ble Court alongwith interest and/or direct the respondents to give compensation as may be ascertained in respect of the misapplication, retention, misfeasance as the Court may think just.

(ii) Any other relief as may be deemed fit & proper by this Hon’ble Court.”

2. This Court vide order dated 24/05/2002 framed following issues:-

(i) Whether the respondent No. 1 was using the telephone of the Company in liquidation after the order of winding up dated 12.08.1994 and thereby committed an act of misfeasance (Applicant)

(ii) Whether the respondent No.1 retained the properties of the company after winding up order dated 12.08.94 unauthorizedly and liable to be refunded the same or their value alongwith interest ? (Applicant)

(iii) Whether the company in liquidation suffered loss on account of not surrendering the mining lease by respondent No.1 an