Pardeep Kumar Sehgal of Craigieburn, Victoria has been charged with two counts of breaching his directors’ duties, following an ½ñÈÕÈÈÃÅʼþinvestigation.
Mr Sehgal was the sole director of Sehgal Catering Services ACN 168 007 743 (in Liquidation).Â
½ñÈÕÈÈÃÅʼþalleges that in April 2018, Mr Sehgal caused two payments for invoices owed to Sehgal Catering totalling $55,099.33 to be diverted to his partner and Shorya Pty Ltd (ACN 621 531 600). At the time, Mr Sehgal was the sole director of Shorya.
½ñÈÕÈÈÃÅʼþfurther alleges that Mr Sehgal dishonestly used his position as a director with the intention of directly or indirectly gaining an advantage for himself or someone else.
On 20 April 2018, Sehgal Catering went into liquidation with debts of $276,752 owing to creditors including $259,828.02 owing to the Australian Taxation Office.
Following charges being served on Mr Sehgal, he repaid $55,099.33 to Sehgal Catering.
The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.
The matter was listed for mention at the Broadmeadows Magistrates' Court on 3 May 2022 and was administratively adjourned to 5 July 2022.
Background
Paul Burness of Worrells was appointed liquidator of the Company on 20 April 2018. ½ñÈÕÈÈÃÅʼþcommenced its investigation after receiving a liquidators report from Mr Burness.
It is alleged that Mr Sehgal contravened s184(2) of the Corporations Act. At the time of the alleged offending, s184(2) had a maximum penalty of 2000 penalty units or imprisonment for five years, or both.
Editor's note 1:
On 5 July 2022, the matter was adjourned to 2 August 2022 for further mention.
Editor's note 2:
The matter was adjourned to 6 September 2022 for further mention.
Editor's note 3:
On 6 September 2022, the matter was adjourned to 4 October 2022 for mention.
Editor's note 4:
On 4 October 2022, the matter was adjourned to 8 November 2022 for mention.
Editor's note 5:
On 8 November 2022, the matter was adjourned to 2 May 2023 for contest mention hearing.
Editor's note 6:
On 2 May 2023, the matter was adjourned to 18 May 2023 for a contest mention.