IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE SRIJUSTICE T.VINOD KUMAR COMPANY APPLICATION NO. ,I475 oF 2004 COMPANY PETITION NO: 17 oF 2001 AND IN THE MATTER OF M/S. MONARCH FINLEASE LTD ( IN PROV. LIoN Between: M/S Monarch Finlease Ltd (lN PROV. LION.), Rep. by the Official tiquidator, High Court of Andhra Pradesh , Hyderabad. .. Complainant AND 1. SRI B.S.^BHAT , lravel lo.dge _Suite, No. 2816, Porfland Rd., Newsberg, Oregon State - 97132 United States of America 2. Sri Kunka Naganna, H.No.28, Road No.2, Arunodaya Colony, L.B. Nagar, Hyderabad 3. Smt.Kaveri Bhat, Travel Lod Oregon State - 97132,USA. ge Suit, No.2816, Portland Road, Newsberg, (R 3 lmpleded as per Court Order Dt.19-10:2010) ...RESPONDENTS ^ Company Application Under Sub-Section (5) & (SA) of Section 454 of the Companies'Act 1956 praying that this Hdn'ble Cirurt miy be pleased to i) Summon the accused and punish them under sub-section (S) and (5A) of Section 454 of the Companies Act, 1956 for non-compliance of the requirements of Sub-sections (1), (2) and (3) of section 454 of the said Act, ii) Order the costs of this application to be borne by the accused joinfly and severally ' This Company Application coming on for orders upon reading the Company Application and the affidavit dated 13-07-2004 filed by Sri Chandanamuthu, Official Liquidator in support of the Company application and upon hearihg,the IN arguments of sri J. srinadha Reddy, counsel for the official Liquidator for the applicant / Complainant and of G.P. for Home on behalf of Respondents The Court made the following: ORDER The Judge's Summons under Sub - Section (5) and ( 5A) of Section 454 of the Companies Act, 1956 is taken out to summon the accused and punish for non - compliance of the requirements of sub. Section (11 , el and (3) of Section 454 of the Act. Pursuant to the direction of this court, the official Liquidator has submitted a report dt. 30-06-2022. By the said report, it is stated that on causing enquiries by deputing an official at the addresses of the accused mentioned in the records of the company, no details of Accused No.2 at the address mentioned could be found. lnsofar as Accused Nos. 1 and 3 are concerned, they are stated to be residing in the united states of America. Learned counser appearing on behalf of the official Liquidator has drawn the aftention of this court to an order passed by the High court of Judicature at Bombay in a comprain in company petition, whereby the said court permitted the company prosecutor to serve summons on accused in the Company petition through the Ministry of Law and Justice, Department of Legal Affairs, New Delhi, and seeks for grant of similar direction in the present matter. Having regard to the submissions made as above, and taking note of the procedure adopted by the High court of Judicature at Bombay in n,- ) a Company matter, this Court is of the view that summons to accused Nos. 1 and 3, who are residing in the United States of America to be served on them through the Ministry of Law and Justice, Department of Legal Affairs, New Delhi. The summons are returnable by 29-09-2023. The Official Liquidator is allowed to use the funds for effecting service of summons on accused Nos. 1 and 3 from out of the funds of the Company -in-Liquidator available with the Official Liquidator. List on 29-09-2023. Sd/.K, SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. Ministry of Law and Justice , Department of Legal Affairs, New Delhi. 2) The Official Liquidator, Monarch Finlease Ltd (lN PROV. L|ON.), High Court at Hyderabad for the state of Telangana Office at 1"t floor Corporate Bhawan, Nagole, Bandlaguda Thattiannaram Village Hayathnagar Mandal, Ranga Reddy District Telangana State Pin Code S00 680. 3) The Registrar of Companies, Ministry of Corporate Affairs, Government of lndia 2no floor Corporate Bhawan, Nagole, Bandlaguda, Thattiannaram Village Hayathnagar Mandal, Ranga Reddy District, Telangana State Pin Code 500 680. (a, 4) The Regional Director, South Eastern Region, Ministry of Corporate Affairs, 3d floor Corporate Bhawan, Nagole, Bandlaguda, Thattiannaram Village Hayathnagar Mandal, Ranga Reddy Diskict Telangana State Pin Code 500 680. 5) The S.O. O.S. Section , High Court for the State of Telangana at Hyderabad 6. Two CCS to G.P. for Home, High Court for the State of Telangana at Hyderabad 7) Two C.D.Copies 8) One CC to Sri J. Srinadh Reddy,Official Liquidator, High Court at Hyderabad. HIGH COURT DATED:18/08/2023 List on 29-09-2 023 ORDER COMPANY APPLTCATTON .No.147S of 2OO4 ln COMPANY PETITION NO. 173 OF 2OOI DIRECTION sIATE o ,; ss stP ,'') lG ,ggoql( A" I \) bZZ Note to O.S. ,6€ ( I