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2011 Supreme(All) 1905

PANKAJ MITHAL
RESERVE BANK OF INDIA – Appellant
Versus
KRISHI EXPORT COMPANY CORPORATION LTD. – Respondent


Advocates:
Counsel :
R.K. Upadhyay, A.K. Maurya, Amrendra Pratap Singh, Anshu Choudhary, B.K. Solanki, Jayant Banerji, K.K. Tewari, N.L. Kushwaha, Nand Lal Vishwakarma, R.A. Tripathi, R.B. Sharma, R.B. Sahai, S.N. Verma and Yashwant Verma for the Petitioner; R.P. Agarwal, A.K. Mukherji, A.K. Srivastava, Ajay Kumar Singh, Ajay Sharma, Ajeet Kumar Singh, Amrish Sahai, Ashish Kumar Singh, H.P. Singh, J.N. Pandey, K.D. Awasthi, K.P. Awasthi, K.S. Rathor, M.S. Piparsania, Miss Kamini Pandey, O.L.B.K.L. Srivastava, P.R. Maurya, Pradeep Singh, Praveen Kumar, R.D. Singh, K.K. Maurya, R.N. Shukla, Ravi Kant, Tarun Agarwal, V. Sahai V. Singh and V.C. Seth for the Respondent.

JUDGMENT

Hon’ble Pankaj Mithal, J.—

Re: Company Application No. 245807 of 2007

The respondent Krishi Export Com. Corporation Limited incorporated under the Companies Act and registered with the Registrar of companies, Kanpur as a non Banking financial company having its registered office at Krishi Export Plaza, Sigra, Varanasi was ordered to be wound up vide order dated 27.4.2007 under Section 45 MC of the RBI Act, 1934 and the official liquidator was directed to take over the assets of the company from the Ex-Directors. The relevant portion of the order dated 27.4.2007 is reproduced herein below :

“In the facts and circumstances, the Court find that the Reserve Bank of India has made out a case for winding up of the respondent company under Section 45 MC of Reserve Bank of India Act, 1934. The respondent company is as such wound up and the official liquidator is appointed as liquidator of the company under Section 449 of the Companies Act. Let the order be notified to the Registrar of Companies in accordance with the Companies Act, 12956 and the Companies (Court) Rules, 1959. The Ex-Directors will hand over the assets to the Official Liquidator and file statement of affairs within




























































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