As per norms he is not required to keep the assets under his custody for more than four months as detailed hereunder;-
Saturday, February 14, 2015
Theft of Assets by DP Ojha official liquidator Delhi and ML Sharma.
As per the norms of Official Liquidator, he has
to make inventory of assets the moment he takes possession he has to make
inventory of assets which is countersigned by security agency also. However D P
Ojha, official Liquidator presently New Delhi has never made any inventory of assets on day of possession. He prepares
the inventory after he has stolen the most of the steal-able assets. Even then he does not stop stealing even after
Inventory is prepared, he would again steal the assets and then himself lodge
the FIR. Non preparation of inventory at the time of possession, Non verification of assets after two months. Non disposal of assets within four months are evidence of theft by D P Ojha OL Delhi. Following are few such cases by way of evidence of theft committed by
D P Ojha OL Delhi.
It says in end ”No
assets are lying in the Premises” The company had assets worth Rs 4.00 crores and they have all been stolen by D P Ojha OL Delhi and he says there are five hundred companies under him. so the extent of theft and loss to public property is Rs 4 crores into 500 = 20,000,000,000/-
As per norms he is not required to keep the assets under his custody for more than four months as detailed hereunder;-
Order
of winding Up is treated as 1st day of month
1st month (1 – 30 day) Official
Liquidator (OL) gives notice to ex-directors for filing statement of affairs
offering that all expenses in terms of section 454 (4) will be paid by OL. OL
also takes last balance sheet from ROC. In meantime OL takes possession of
assets as per balance sheet or as available at registered office of Company and
invites claims. Possession to be taken within 15 days Valuation to be filed
within 15 days next. Assets can also be given on ‘Superdari’ to Banks.
2-3rd month (60 Days) Advertisement
for sale. Sale proclamation is for 60 days with reserve price. Claims be also
invited simultaneously and can be settled meanwhile.
4th month (30 days) Confirmation applied. 30 days
are given for filing objections. 30 days given for objections on settlement of
Claims done by CA.
By end of 4th month sale is confirmed,
Sale proceeds disbursed and Companies dissolved.
Kapil Dev Aggarwal
Sunday, February 1, 2015
Social Media on Judiciary.
Judiciary as seen on social media and in eyes of ordinary people;
Text of my article for National Conference on "Impact and Effect of Social Media on Judiciary", to be held on 14th-15th February 2015 at Judicial Academy, Chandigarh Which I sent to Academy in 14th February 2015.
Text of my article for National Conference on "Impact and Effect of Social Media on Judiciary", to be held on 14th-15th February 2015 at Judicial Academy, Chandigarh Which I sent to Academy in 14th February 2015.
The very fact that Hon’ble the Acting Chief
Justice of High Court has referred on the subject cited above is ample
evidence that the social media is having some Impact. Before analyzing the same,
let us first examine certain posts which had gone viral on social media.
Audio and video recording of court
proceedings is most popular.
Posts
on Violation of law and facts by Judges and lawyers;
only corrupt and crook influence judges by hiring 'influential' lawyers to throttle and kill justice;
Inordinate delays and blind judges;
Popular post w.r.t long holidays;
Is Judiciary not accountable to its employer
- The Public ?
There are several posts on judges lacking
human intelligence; one such popular post is about a cow, monkey and an
elephant;
एक जंगल में गाय भागती हुई जा रही थी. हाथी ने उसे रोक के उससे भागने का कारण पुछा.
गाय ने कहा जंगल के सारे बंदरों को पकड़ने का आदेश आया है।
हाथी ने कहा :- पर तुम क्यों भाग रही हो, तुम तो गाय हो।
गाय ने कहा :- मैं गाय तो हूँ, लेकिन अगर मुझे पकड़ लिया तो २० साल मुझे ये साबित करने में लग जाएगा कि मैं गाय हूँ। और कोई जज ये भी कह
सकते हैं कि मैं एक बंदर हूँ
ये सुन कर हाथी ने कहा :- मुझे पता है, अपील में भी तुम्हें बंदर
कहा जा सकता है!
फिर गाय और हाथी साथ- साथ भागने लगे!
Action required in interest of justice ;
Some posts show that people are aware of misuse of contempt act by
Judiciary to terrorize people to remain silent, but are however willing to defy
that fear to express their views about the judiciary;
But inspite of above threat, people are not afraid
to speak Truth;
Exposing crime of corruption i.e. making
complaint against a corrupt Judge is treated as committing crime of criminal
contempt. WOW.
Truth is supreme, not the Judge or his
Judgment. This post is to remind Judiciary to follow truth and to public to
speak truth fearlessly.
Effect
of Social Media;
Social media does not directly affect
Judiciary. It may have varying affect on individual Judges. It is inspiring for
Honest and feared by dishonest. The later, (for personal benefit), would want
to curb it with Jail sentences.
Impact
of Social Media;
Object of posts on
Judiciary is to awaken political will, judicial conscience and social awareness.
In the least, they will amount to nothing, and will just fade away. At most, they
may lead to soul-searching and introspection among judges and lawyers. Who
knows, such posts may create a wave of honesty, integrity, sound moral
character, efficiency, transparency, spirit of obedience to law leading to
respect and dignity of Judiciary. Sycophancy is not Respect. Judiciary will
gain respect only when it respects and obeys truth and Statute.
A Judge is not master of Law but only its
servant.
Kapil Dev Aggarwal
Advocate, High Court, Chandigarh.
Disclaimer1:
All posts are
downloaded from social media. Author has no role in the same. In
the national conference, judiciary is taking up the all roles, as an accused,
as complainant, as an advocate and as witness. It is hoped that it will not also take the role of a Judge and
exercise powers of Article 245 constitution of Indian to throttle reforms and
dissent.
Disclaimer2:
I have reasonable belief
that the above article will not be published. I am not a judge, neither related
to any judge nor a sycophant. Nevertheless, I have just done my duty by sending
it to you as a good citizen, in the hope that it will be read and understood,
and hopefully appreciated.
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