Andhra Pradesh High Court – Amravati
M/S.Shri Venkateswara Sponge Power … vs Sri.Abhishek Kumar Beitharia, on 19 December, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
THURSDAY, THE NINTEENTH DAY OF DECEMBER,
TWO THOUSAND AND TWENTY FOUR
:PRESENT:
THE HONOURABLE MS JUSTICE B S BHANUMATHI
COMPANY APPLICATION NO: 1606 OF 2O14
Between :
M/s.Shri Venkateswara Sponge & Power Pvt.Ltd., (ln Liqn), Rep. by the
Official Liquidator High Court of Judicature at Hyderabad, For the State of
Telangana and the State of Andhra Pradesh.
...Complainant
AND
1. Sri.Abhishek Kumar Beltharia, S/o.Sri Pradip Kumar Beltharia, Ranchi
Road, Marar, Hazaribagh, Jharkhand-829 317.
2. Sri. Deepak Kumar, S/o.Sri Pradeep Bhardwaj, 36, Palm Avenue,
Kolkata, West Bengal -700 019.
3. Sri. Pradeep Bhardwaj, S/o.18/10, Dover Lane, Kolkata, West Bengal -
700 029.
4. Smt. Asha Devi Beltharia, No.18/10, Dover Lane, Kolkata, West Bengal
- 700 029.
5, The Chief General Manager, Andhra Bank Thirupati Main Branch
Tirupat, Ch'lttoor District Andhra Pradesh State, Pin 517 501
(R 5 impleded as pert Court Order dt|22|03.2018| Vide Compa
No.1805 of 2015)
...Accused
WHEREAS the Complainant has presented the above mentioned
/
application under Section 454(5) & (5A) of the Companies Act, 1956 read with
Prov'lsions of Cr.P.C., through its counsel Sri N.Ashwani Kumar, Learned
Counsel for Accused Nos. 1 to 4, praying that in the circumstances stated in
the Judge's Summons and the Complaint of the Official Liquidator filed in
i
support thereof, the High Court may be pleased to
i) take cognizance of the++offence committed by the accused under
section 454 (5A) of the Companl'es Act, 1956
ii) summon the accused for being tried and punished in accordance
with sub-section (5) of ;ection 454 of the Companies Act,1956 for
having willfully and deliberately not complied with the requirements
of sub-section (1), (2) and (3) of section 454 of the companies Act,
1956 read with the Provisions of Cr.P.C.
iji) dispense with the presence of the complainant during the trial of the
above complaint
WHEREAS the said case~coming on for hearing on this day and
whereas the High Court, upon +perusing the Judge's Summons and the
Complaint of the Officl-al Liquidator filed herein and the Orders of the High
Court dated 31.12.2014 & 16.02.2015 made herein and upon hearing the
arguments of Sri M.Anil Kumar, Counsel for Official Liquidator for complainant
and Sri K.Chaitanya, learned Cc,unsel representI'ng Sri N.Ashwani Kumar,
learned counsel for the Accused Nos. 1 to 4, made the following
ORDER:
f€Sri K.chaitanya, learned counsel representing Sri N.Ashwani
Kumar, learned counsel for the accused Mos.1 to 4 requested two weeks
time to settle the issues.
The standing counsel for the official liquidator represented that
documents are required as information to be furnished by the accused
:
and therefore a meeting shall be held to secure the information.
Since the matter is pending from 2014, both parties shall
expeditiously hold the necessary meeting and the accused shall furnish
…..
–
C\
the available information as legally required by the office of the official
liquidator w-lthout any further delay.
post on 26-12.2024.
Meanwhile, the accused Shall appear before the Office Of Official
liquidator on a date COnVenient for both Part-IeS.”
sD/- E. KAwiESWARA RAO
JOINT R GISTRAR
//TRUE COPY//SECTION OFFICER
Tol
1. The Registrar (Judicial), High Court of Andhra Pradesh at Amaravati.
2. Sri.Abhishek Kumar Beltharia, S/o.Sri Pradip Kumar Beltharia, Ranchi
Road, Marar, Hazaribagh, Jharkhand-829 317.
3. Sri. Deepak Kumar, S/o.Sri Pradeep Bhardwaj, 36, Palm Avenue,
Kolkata, West Bengal -700 019.
4. Sri. Pradeep Bhardwaj, S/o.18/10, Dover Lane, Kolkata, West Bengal –
700 029.
5. Smt. Asha Devi Beltharia, No.18/10, Dover Lane, Kolkata, West Bengal
-700 029-
6. The Chief General Manager, Andhra Bank Thirupati Main Branch
Tirupat, Chittoor District Andhra Pradesh State, Pin 517 501 (Addressee
Nos. 2 to 6 by SPEED POST)
7. One CC to SRI M.ANIL KUMAR, Counsel [OPUC]
8. One CC to SRI N.ASHWANI KUMAR, Advocate [OPUC]
9. One spare copy.
PSD
EEi
HLEI
HIGH COURT
BSB,J
DATED:19/12/2024
NOTE: POST ON 26.12.2024
ORDER
COIVIPA.No.1606 of 2014
APPEARANCE