MANILAL BRIJLAL Vs. VANDRAVANDAS C JADAV

JUDGEMENT

(1.) THIS is an appeal from a decision of the District Judge of Surat, raising a question of practice.

(2.) THE appellant is a creditor of the Surat Industrial Mills Co., Ltd., which is in liquidation, and two liquidators were appointed, one Jadav and the other T. J. Mehta. THE appellant started proceedings under a 235 of the Indian Companies Act, 1913, to make the liquidators liable for certain alleged misfeasances. After the proceedings had been started, the liquidator T. J. Mehta died, and an application was made to the Court for leave to bring on record his widow and son as the persons liable to discharge his debts. THE learned Judge dismissed the application, and, in my opinion, he was right in doing so.

(3.) THE English cases have been followed in this country in Billimoria v. Mrs. De Souza(1926)I.L.R. 8 Lah. 549. I have no doubt that on the authority of the English cases, and on the strict wording of the section, and on a consideration of the general scope of the section, it would be wrong to allow proceedings to be taken against the personal representative of a deceased liquidator under Section 235. Whether the representative can be made liable in a suit at the instance of the company is, of course, a matter with which we are not concerned.