LOHAR VALLEY TEA CO LTD Vs. STATE

JUDGEMENT

(1.) This is an application by the Official Liquidator of this Court for an order recalling or setting aside the order made by this Court on March 4, 1964, and for rehearing of the application of the respondents which resulted in the order dated March 4, 1964, and for stay of operation of the said order.

(2.) On March 26, 1957, a special resolution was passed at an Extraordinary General Meeting of the company for voluntary winding up of the company. Sachindra Nath Chatterjee, one of the directors of the company was appointed its voluntary liquidator. On July 10, 1961, the Official Liquidator of this Court was appointed the Liquidator of the company. Thereafter the Official Liquidator made a report under Section 519(1) of the Companies Act of 1956 in which he stated that fraud had been committed in relation to the company by the respondents who were directors of the company.

(3.) On June 18, 1963, an order was made by this Court under Section 478(1) of the Act on the Report of the Official Liquidator for public examination of the respondents. This order was made ex parte.