SUBRAMAIAH SETTY Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) This petition purporting to be under r. 9 of the Companies (Court) Rules, 1959, read with r. 14A of the Companies (Central Govt.'s) General Rules and Forms, 1956, and O. 11, r. 15 of the CPC.

(2.) The prayer is for granting inspection of documents in the custody of the official liquidator in regard to proceedings under s. 549(1) of the Companies Act, 1956, pending in this court. Application is made by respondents Nos. 2 to 8 in the misfeasance proceedings.

(3.) The counsel for the official liquidator has resisted the prayer on the ground that such an inspection is not permissible as there is no specific document mentioned in the judge's summons which the respondents want to inspect with reference to the misfeasance and the records and books of the company in liquidation. I do not think there is much substance in it. Rule 14A of the Companies (Central Govt.'s) General Rules and Forms provides for inspection by a creditor or a contributory at any stage after the winding-up order is made to inspect the documents and records of the company in liquidation after an application after an application in writing in that behalf is made to the official liquidator, notwithstanding that the winding-up is by an order of the court or under the supervision of the court.