Calcutta High Court
Tsai Enterprises Pvt. Ltd. (In Liqn.) vs The Official Liquidator on 2 May, 2014
Author: Patherya
Bench: Patherya
ORDER SHEET
CA No.203 of 2013
CP No.392 of 2010
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
TSAI ENTERPRISES PVT. LTD. (IN LIQN.)
Versus
THE OFFICIAL LIQUIDATOR
AND
PRAATIP KUMAR SEN & ANR.
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 2nd May, 2014.
Mr.Sarvapriya Mukherjee, Adv., Mr.S.Ghosh, Adv with Ms. Priyanka Pattanyak, Adv.
..for the Director, Matelli Tea Co. Pvt. Ltd.
Mr.Indranil Ray, Adv, with Ms Aditi Bhattacharya, Adv.
..for accused no.1.
Mr.Aniraban Kar, Adv.
..for accused no.2.
Mr.B.Mohanty, Adv.
..for the Official Liquidator.
THE COURT :-The statement of affairs was required to be filed by the Ex.-Director of the company (in liquidation). Statement of affairs has been filed by Mr.P.K. Sen, accused no.1 which is in complete. Accordingly, Mr.Sen is directed to file a complete statement of affairs within one week from date. The accused no.2 is represented through Counsel, who submits that he submitted his resignation on 12-03-2009. No form No.32 was filed by the company with the Registrar of Companies and a request was 2 made in this regard in August, 2010. Therefore, he is not aware of the statement of affairs of the company at the time of its winding up and therefore be not directed to file the statement of affairs. The said cannot be accepted. As admittedly the accused no.2 was a Director of the company (in liquidation) and it is because of this position he resigned on 12-03-2009. His resignation cannot be accepted as a resignation in law, as no form 32 has been filed with the Registrar of Companies and a request though made by him to the Registrar to delete his name as a Director, the same has not been complied with.
According to Counsel for the accused no.2 the company (in liquidation) was set up by the employees of the company. Therefore, on resignation the relationship between the company and the employee Ex.-Director would stand terminated. This would be evidenced by the payment of retrial benefits. No document evidencing payment of retrial benefits to the employee Ex.- Director has been produced in Court. Accordingly, the submission of the accused no.2 cannot be accepted and he cannot be absolved from his position as Ex.-Director.
Let the statement of affairs be filed by the accused no.2 by 06.06.2014 when the matter shall appear in the list. The accused no.1 will also file a detailed statement of affairs with particulars before the next date of hearing. 3
Urgent certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PATHERYA, J.) nm