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. 12/1988:-

1. The matter comes up on the application (IA No.6/2020), which has been filed claiming the following reliefs:

"(i) Whether this Hon’ble Court would be pleased to take the facts and information stated herein above on record of this Hon’ble Court.

(ii) Whether this Hon’ble Court would be directed to dissolve the company under Section 481 of the Companies Act, 1956 subject to outcome if any of misfeasance case for Rs. 10,29,304/- in future, which may be deposited in the VCF of Jodhpur and to direct the Registrar of Companies, Jaipur to remove the name of M/s. Bhilwara Wooltex Limited (In Liquidation) from the Register of his office.

(iii) Whether this Hon’ble Court would be pleased to permit the Official Liquidator to display a copy of the dissolution order passed by the Hon’ble Court on the website of MCA and notice board of the Hon’ble Court.

(iv) Whether this Hon’ble Court would be pleased to permit the Official Liquidator to transfer an amount of Rs.2,31,094/- lying in the fund of the company in liquidation into the Various Company’s Fund, Jodhpur. "

2. During the course of hearing, the Official Liquidator present before this Court prays that after decision of the present application, nothing would survive in the present company petition. Thus, the present company petition itself is being decided by this order.

3. Learned Senior Counsel Mr. Vikas Balia assisted by Mr. Dinesh Singh along with Mr. D.K. Meena, (Official Liquidator present in person) (hereinafter referred to as ‘O.L.’) submits that the Company in question was ordered to be wound up vide order dated 10.08.1990 passed by this Hon’ble Court, and that the O.L. was appointed as the liquidator for the said purpose.

4. Learned Senior Counsel submits that M/S. Bhilwara Wooltex Limited having its registered office was situated at F88 to 93, RIICO Industrial Area, Pur Road, Bhilwara was ordered to be wound-up by this Court vide its order dated 10.08.1990 passed in S.B. Company Petition No. 12/1988 and the Official Liquidator attached to this Court was appointed as a provisional liquidator of the company in liquidation from the date of winding-up order to conduct the winding-up proceedings. This Court vide it subsequent order, dated 19.07.1991, passed in S.B. Company Petition No. 12 of 1988 appointed the Official Liquidator, as liquidator of the above company. It is also contended that the copy of the winding up order was served upon the Official Liquidator on 30.08.1990 under Section 444 of the Companies Act, 1956 read with Rule 109 of the Companies (Court) Rules, 1959.

6. Learned Senior Counsel further submits that in compliance of order dated 10.08.1990, the Official Liquidator had deputed his representative for taking over the possession of the assets of the company in liquidation vide authority