justice k. mitter on january 18 1960 and the appellant was served with the order to attend the companyrt on march 22 1960 for the purpose of being examined concerning the affairs of the companypany and to bring with him and produce at the said time and place the following books and papers mentioned in schedule b to the order viz.
mukherjee and p. k. bose for the respondent.
against the order of the high companyrt this appeal with special leave has been preferred to this companyrt.
appeal by special leave from the judgment and order dated april 17 1961 of the calcutta high court in appeal from original order number 132 of 1960.
civil appellate jurisdiction civil appeal number 521 of 1961.
the high companyrt held that the order having been initially pass ex parte an application for discharging or modifying the order was in law maintainable at the instance of the appellant but the order in so far as it directed the appellant who was a director of the companypany to appear before the court to be examined touching upon the affairs of the companypany was in the circumstances of the case desirable and necessary and that the statement of the official liquidator on which the order dated january 18 1960 was issued number being an affidavit was number required by the companypanies companyrt rules 1959 to be kept on the file of the liquidation proceedings the statement was a confidential document and was save by order of the court number open to inspection of any person other than the liquidator.
justice law an appeal was preferred to a division bench of the high companyrt.
the learned judge observed that it was number necessary for the companyrt in the first instance to determine that the person called upon to furnish information actually possessed that information if the companyrt has reasons to think or if even an allegation is made that a certain person is in possession of information which would be of use in the companyrse of winding up the companyrt can call upon him to appear in companyrt and examine him and that rr.
justice law rejected the application filed by the appellant holding that the order dated january 18 1960 was final and that he had numberpower to review modify alter or vary the same that the order merely summoning for examination under s. 477 of the companypanies act did number affect a partys rights there being no charge numbercomplaint and numberallegation against him.
against the order of mr.
c. setalvad attorney general of india m. banerji and s. n. mukherji for the appellant.
this application was granted ex parte by mr.
the learned judges modified the order in so far as it directed production of the books of account relating to the ballygunge estate private limited and the ballygunge building society private limited because those companypanies were number parties to the liquidation proceedings.
december 5.
the judgment of the companyrt was delivered by shah.
