LAWS(KER)-1986-8-42

REV. C.S. JOSEPH Vs. T.J. THOMAS

Decided On August 26, 1986
Rev. C.S. Joseph Appellant
V/S
T.J. Thomas Respondents

JUDGEMENT

(1.) THE miscellaneous first appeal has been preferred against an order passed by the learned single judge appointing a receiver to manage the affairs of a company.

(2.) KUNNAMKULAM Marthoma Suriyani Christiani Suvisesha Prasanga Sanghom (hereinafter mentioned as 'the Sanghom' for convenience) is a company incorporated on July 30, 1082 M.E., under the Cochin Regulation (IV of 1080 M.E). The main object of the Sanghom is to propagate Christianity among the non -Christians, spread gospels and to uplift the spiritual life of Christians. The Sanghom had 19 members. The Sanghom has no share capital and the liability of the members is limited to the extent of their subscription.

(3.) THE respondents entered appearance and contested the proceedings. The second respondent herein filed a separate counter -affidavit denying all the allegations raised by the petitioners. It was also contended by the respondents that the petitioners were not members of the company. The allegation of the petitioners that the accounts of the Sanghom were not audited was specifically denied by the respondents.