THE HON’BLE SRI JUSTICE SANJAY KUMAR COMPANY APPLICATION NO.158 OF 2012 IN COMPANY APPLICATION NO.1561 OF 2010 IN COMPANY PETITION NO.4 OF 2009 DATED 3RD DECEMBER, 2012 BETWEEN M/s.Apex Techno Systems Pvt. Ltd. (In Liqn.) Rep. by the Official Liquidator, High Court of Andhra Pradesh, Hyderabad.
…Complainant And Sri Naveen Kumar Arya, 3-5-351, Vittalwadi, Narayanaguda, Hyderabad-29 and others.
…Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR COMPANY APPLICATION NO.158 OF 2012 IN COMPANY APPLICATION NO.1561 OF 2010 IN COMPANY PETITION NO.4 OF 2009 ORDER:
This application is filed by the Official Liquidator under Rule 20 of the Criminal Rules of Practice read with Rule 9 of the Companies (Court) Rules, 1959 to split up the complaint against Accused Nos.1 and 2 and to try and punish them separately in accordance with the provisions of Section 454(5) of the Companies Act, 1956. As Accused No.3 remained unserved despite summons being issued time and again, it is appropriate that the offence against Accused Nos.1 and 2 be tried separately.
This application is accordingly allowed.
SANJAY KUMAR, J.
3RD DECEMBER, 2012. VGSR