V K PADMANABHAN Vs. KUNJAN NARAYANAN

JUDGEMENT

(1.) THIS petition by the Official Liquidator of a Company is to revise an order dismissing his application to proceed with a suit ignoring its dismissal by the court of institution after the order for the winding up of the Company has been passed.

(2.) O. S. No. 370 of 1955 on the file of the Munsif, Vaikom, is a suit for money instituted by the Company on the 30th June 1955. On the 5th November 1956, the Company was wound up by an order of the District Court, Alleppey; on the 5th december 1956 when the suit was called, the managing director submitted that fact before the Court and" thereupon the Court adjourned the case to the 31st january 1957, for the liquidator to get impleaded. As nothing was done, the suit was dismissed on the 30th January 1957. Nothing happened till the ,25th June 1958 when the liquidator submitted an application in the liquidation court stating that the dismissal of the suit by the Munsif, Vaikom. after the passing of the winding-up order, was without jurisdiction as being contrary to the stay enacted in section 446 of the Companies Act, 1956, and therefore, ignoring the same, the suit should be taken to file and proceeded with. That application was dismissed by the District Judge on the 12th January 1960. This petition is for a revision of that order.

(3.) SECTION 446 of the Companies Act, 1956, treads: