HON’BLE SRI JUSTICE K. LAKSHMAN COMPANY APPLICATION No.276 of 1999 in Company Petition Nos.85, 97 and 108 of 1998

ORDER

Heard Sri G. Kalyan Chakravarthi, learned Standing Counsel for the Official Liquidator and Ms.Katta Sravya, learned counsel for respondent No.1. Perused the record.

2. According to the learned Standing Counsel for the Official Liquidator and learned counsel for the petitioner, accused No.2 has resigned from the company in liquidation itself on 16.07.1998. In respect of accused No.3, notice sent to him was returned un-served with an endorsement vide Annexure G. Accused No.4 resigned from the company in liquidation itself on 16.07.1998. Notice sent to Accused No.5 was not returned. Despite service of notice, Accused No.5 neither filed the statements of accounts before the Official Liquidator nor sent any reply. Accused No.6 resigned from the company in liquidation in March, 1998. Notice sent to Accused No.7 was returned un-served with an endorsement ‘not reachable’. Accused No.8 was discharged by this Court. Accused No.9 died.

3. This application is filed under Sections 454 (5) and 5A of the Companies Act, 1956 to summon the accused and to punish them in terms of the