PRATAP BHAUSAHEB JAGADALE Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioners/defendants 2 and 3/directors/guarantors of defendant no.1-company (now L.Rs.) have challenged the interlocutory order (Exh.16) passed in Special Civil Suit No.1271/1990, thereby rejected an application under Section 446 (1) and (3) of the Companies Act 1956 as admittedly, defendant no.1-company has gone in liquidation and a liquidator has been appointed and thereby pray that Suit cannot be proceeded and be transferred accordingly.

(2.) Some necessary facts are:

(3.) On 27th November, 1992, written statement has been filed, by Defendant No.2 and Defendant No.3. In the written statement, inter-alia, it is pointed out that since official liquidator has been appointed, in respect of the said company, therefore, the suit is not maintainable.