U N MANDALS ESTATE PRIVATE LTD Vs. STATE

JUDGEMENT

(1.) This is an application by two persons Nagendra Nath Mandal and Biswanath Mandal. The application is made under two specific sections which are described as Sections 433 and 560 of the Companies Act, 1956. Section 433 deals with the circumstances in which the company could be wound up by the Court. Section 560 deals with the power of the Registrar to strike a defunct company off the register and the Court's power either to restore the company or to wind up the company thereafter.

(2.) The applicant Biswanath Mandal has no locus standi. He is neither a registered shareholder nor a member nor a director of the company Rai Saheb U. N. Mandal's Estate Private Ltd. An application for winding up can be made by persons and authorities mentioned in Section 439 of the Companies Act. The applicant Biswanath Mandal does not come within that classification. An application under Section 560 for restoration under Section 560 (6) of the Act can only be made by the company, member or creditor. But the applicant Biswanath Mandal is neither the company nor the member nor the creditor. It follows, therefore, that so far the application is an application by Biswanath Mandal it must be and is dismissed with costs.

(3.) The applicant Nagendra Nath Mandal is a director of this company Rai Saheb U. N. Mandal's Estate Private Ltd. which has been struck off the register by the Registrar of Joint Stock Companies, This company is a private company. Its members and directors are all relations. Applicant Nagendra is a director and the two other directors who are opposing this application are Manindra and Baidya-nath. Manindra and Baidyanath are the nephews of Nagendra. A genealogical table showing the relationship is set out in the affidavit of Baidyanath and Manindra Nath Mandal affirmed on 24-6-1957. The company was primarily a zemindari company. Its main purpose was to acquire, undertake, zemindaris, putnis, taluks etc. It was incorporated on or about 23-11-1929. Its registered office was at Sanctorea, Burdwan, West Bengal.