BOMBAY HIGH COURT
S.M. MODAK, J
IN THE MATTER OF M/S WOPOLIN PLASTICS LTD. (IN PROVISIONAL LIQN) – Appellant
Versus
HARGOVIND GANGABISAN BAJAJ AND OTHERS – Respondent
J U D G M E N T :-
The directors of the company by name M/s. Wopolin Plastics Ltd., formerly known as M/s. Bajaj Plastics Ltd., are asking for discharge from the present proceedings. It is for the reason that the allegations in the report submitted by the OfÏcial Liquidator are vague. 02] These applications for discharge are filed in a report submitted under Section 543 of the Companies Act requesting for issuing summons to the non-applicants-directors. This Court has already issued notice to the non-applicants. On this background, I have heard learned Advocate Shri A.C. Dharmadhikari for the non- applicants and learned Advocate Dr. Anjan De for the OfÏcial Liquidator.
03] The sum and substance of their applications is as follows :
i. The OfÏcial Liquidator has blindly accepted the report dated 19/10/2015 given by the Chartered Accountant without applying his mind.
ii. The OfÏcial Liquidator has not ascertained as to whether the case of misfeasance is made out against the non-applicants.
iii. Clarification or explanation of the non-applicants were not called by the Chartered Accountant.
iv. The allegations made in the OfÏcial Liquidator Report are vague and they are general in nature.
v
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