JAMESHEDPUR CEMENTS LTD Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) This is an application by one ex director of the Company in liquidation. It is made after a misfeasance proceeding has been started against him. He is respondent No. 4 there which is numbered as C.A. No. 14 of 2008. He submits that the proceeding against him be dropped.

(2.) The grounds are two. The first is that the summons by which the misfeasance proceeding was started and the points of claim do not disclose any case of misfeasance against him. Therefore, following the principles that are applied by a Civil Court to take a plaint off the file and dismiss the suit when no cause of action is pleaded in the plaint, this summons should be dismissed. Secondly, the applicant, as director had resigned on 28th December 1995. The winding up order was made on 14th January 2003. Hence, he could not possibly be involved in any acts of alleged misfeasance concerning the company. Thus, on such evidence he should be relieved from the proceeding.

(3.) Now, let me examine the facts in more detail.