During the pendency of the said proceedings, Dr. S.N. Sinha died on November 16, 1969 intestate leaving behind his son, Parthasarathi Sinha and two married daughters, Maya Bose and Mira Mitra as his heirs and legal representatives.
Against that order, the heirs and legal representatives of Dr. S.N. Sinha preferred an appeal before the Division Bench of the Calcutta High Court under section 483 of the Act.
This appeal is filed against the order of the Division Bench.
The learned Company Judge passed an order on November 9,1970 for substitution of the said heirs and legal representatives in place of Dr. S.N. Sinha, the deceased.
Appeal by Special Leave from the Judgment and Order dated the 1st August, 1975 of the Calcutta High Court in Appeal No.
324 of 1970.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
465, approved.
3614 of 1982.
On January 2, 1963, the Official Liquidator took out summons under section 543 1 of the Act against its directors including Dr.S. N. Sinha for a declaration that the said directors were guilty of misfeasance and breach of trust and also for an order directing them to repay or restore the money or property of the Company in liquidation which they were alleged to have retained wrongfully.
Shanker Ghosh, A.K. Verma and P.K. Basu for the Appellant.
On February 12, 1970, Judges summons was taken out at the instance of the Official Liquidator for leave to companytinue the said proceedings against the said heirs and legal representatives.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The short question which arises for decision in this appeal by special leave is whether the proceedings initiated against a director of a companypany under section 543 of the Companies Act, 1956 hereinafter referred to as the Act can be companytinued after his death against his legal representatives and whether any amount declared to be due in such proceedings can be realised from the estate of the deceased in the hands of his legal representatives.
The facts of the present case may be briefly stated thus Ballygunge Real Property and Building Society Ltd. hereinafter referred to as the Company in liquidation was ordered to be wound up by the High Court of Calcutta on January 8,1958.
Against that decision five appeals were filed before the Division Bench of the High Court.
That appeal was allowed by the Division Bench on August 1, 1975 and save and except that the death of Dr. S.N. Sinha was recorded, the order of the Company Judge was set aside.
