DR. HARDIT SINGH Vs. REGISTRAR OF COMPANIES, DELHI

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 26 Feb., 1969 [ Registrar of Companies Vs. Dr. Hardit Singh Giani (1969) 2 Comp LJ 21 (Del): (1969) 39 Comp Cas 404 ], of a learned single judge of this court whereby the appellant was removed from the office of the liquidator of Saroup Bansilal Engineers (India) P. Ltd. (in liquidation).

(2.) With a view to appreciate the contentions raised by the appellant, it would be appropriate to state the important facts of the case. M/s Saroup Bansilal Engineers (India) (P) Ltd. (in liquidation) (hereinafter to be called 'the company') was incorporated as a private limited company on 8 Nov., 1948, having its registered office at Delhi. The authorised capital of the company was Rs. 1,00,000. The paid up capital of the company at the date of commencement of the winding-up proceedings was Rs. 60,400.Q0.

(3.) The creditors of the company, vide their meeting held on 29 of July, 1961, passed a special resolution resolving to wind up the company voluntarily. The appellant was unanimously appointed as a liquidator by the creditors. The notice of appointment by the voluntary liquidator, dated the 7 Aug., 1969, was filed with the Registrar of Companies, and the appellant took charge of the affairs of the company.