SUDHIR CHANDRA NAWN Vs. OFFCIAL RECEIVER, HIGH COURT

JUDGEMENT

(1.) This is an appeal by the Appellant Sudhir Chandra Nawn against the judgment and order of S. R. Das Gupta J. dated February 7 8c 8, 1957, in an application under Sec. 235 of the Indian Companies Act, 1913 (hereinafter referred to as the Act).

(2.) Before the learned trial Judge there were sixteen Respondents to the application against whom orders were sought making them liable for diverse sums of money to the Bank of Commerce which was then in liquidation (hereinafter referred to as the Bank). At the time of the trial, however, the claims against some of the Respondents were not pressed on behalf of the Official Liquidator. The learned trial Judge found seven of the Respondents liable for various sums of money. Out of these seven Respondents four have come up on appeal before us. They are the Respondents Sudhir Chandra Nawn, Bima -lakshya Basu, Subhendu Prosad Roy Choudhury and Dr. Sailendra Nath Sinha. Between the filing of the appeal and the hearing thereof, Dr. Sinha died and his heirs and legal representatives have been substituted in his place and stead. These four Appellants have filed four separate appeals which will have to be dealt with separately.

(3.) We are making these preliminary observations, however, for the purpose of indicating that all the common questions of fact and law, which have been argued in the four different appeals, will be dealt with in the present judgment. Only the distinctive questions of fact and law pertaining to the three appeals will be dealt with in respective judgments.