THE O. L. OF M/S. GEETA MARINE SERVICES PVT. LTD. IN LIQN. vs 1 SHIVKANT V. CHAUDHARY

Judgment text excerpt

2025:BHC-OS:17182 OLR Complaint 3-2013.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPLAINT NO.3 OF 2013 IN COMPANY PETITION NO. 628 OF 2008 Mr. Dinesh Chandra Maingi. ...Petitioner. AND The Official Liquidator and the ] Liquidator of M/s. Geeta Marine ] Services P. Ltd (In Liqn), having ] his office at Bank of India Building, ] 5th floor, M. G. road, ] Fort, Mumbai 400023. ] ...Complainant. Versus 1] Shivkant V. Chaudhary. ] 302, Nikita Apartments, ] Amrut Nager, Ghatkopar (West), ] Bombay 400086. ] ] 2] Sudhir S. Chaudhary, ] B/1104, Presidential Tower, ] L.B.S. Marg, Mumbai – 400086. ] ] 3] Geeta S. Chaudhary ] w/o Shivkant Chaudhary, ] B/1104, Presidential Tower, ] L.B.S. Marg, Mumbai – 86. ] ] 4] Seema Menon, ] 3/D, Century, Tower Six, ] Barnbi Road, Kilpak, ] Chennai – 600 010. ] ...Accused. Patil-SR (ch) 1 of 38 OLR Complaint 3-2013.doc —————— Mr. Shanay Shah, Hamza Lakhani and Tejas Popat for the Official Liquidator. Mr. Akshay Patil i/b Jayesh Gawde for accused nos. 1, 3 and 4. Mr. Pradeep Bakhru, Piyush Kranti i/b Wadia Ghandy & Co., for accused no.2. —————— Coram : Sharmila U. Deshmukh, J. Reserved on : August 7, 2025 Pronounced on : October 1, 2025. Judgment : 1. The Accused are charged with offence punishable under Section 454(5) of Companies Act, 1956 [for short “Companies Act”] with imprisonment for term which may extend to two years, or with fine, which may extend to one thousand rupees for every day during which the default continues, or with both. By order of 8 th August 2013, process was issued against the Accused. 2. Section 454 of the Companies Act provides for the statement of affairs to be made to the Official Liquidator and Sub-Section (5) of Section 454 reads as under: “If any person, without reasonable ex