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Official Liquidator Of Bhilwara Wooltex – Appellant
Versus
Narendra Kumar – Respondent
ORDER :
1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
In S.B. Company Application No. 12/1995:-
2. This Court finds that the proceedings of misfeasance against the director was sought to be proceeded.
3. This Court takes note of the fact that despite prolonged opportunities, by possible ways and means, in the given circumstances, the service upon the director could not be completed, though one of them is represented.
4. The repeated chances given in this case clearly indicate that the service upon the director has virtually entered into realm of impossibility. It is a fundamental and common principle of law that no conclusive adjudication can take place without serving notice on concerned persons.
5. The service by publication is a costly affair and the amount in question is quite low, and therefore, it would not be a practical step to take.
6. After a perusal of the record and the misfeasance application against the directors, who are already bankrupt, the present company application is dismissed.
In S.B. Company Petition No. 12/19
The central legal point established in the judgment is the application of Section 481 of the Companies Act, 1956 for the dissolution of a company in liquidation.
The main legal point established in the judgment is the interpretation and application of Section 481 of the Companies Act, 1956, allowing for the dissolution of a company when the affairs have been ....
The central legal point established in the judgment is the application of Section 481 of the Companies Act, 1956, for the dissolution of a company in liquidation.
The main legal point established in the judgment is that under Section 481 of the Companies Act, 1956, a company can be dissolved when the affairs of the company have been completely wound up or when....
The central legal point established in the judgment is the application of Section 481 of the Companies Act, 1956 for the dissolution of a company when it is just and reasonable in the circumstances o....
The court can order the dissolution of a company under Section 481 of the Companies Act, 1956 when the Official Liquidator cannot proceed with the winding up of the company due to lack of funds or as....
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