G.C. BHANDARI Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) THE instant appeal witnesses a challenge to the order dated 02.01.2014, thereby dismissing the interim application filed by the appellant under Rule 9 of the Companies(Court) Rules, 1959 (for short, hereafter referred to as 'the Rules'), seeking removal of her name from the array of the parties in S.B. Company Application No. 29/93 as the heir and legal representative of the original respondent No. 1, G.C. Bhandari (since deceased).

(2.) WE have heard Mr. J.K. Singhi, the learned Senior Counsel assisted by Mr. Kushagra Sharma & Mr. Saurabh Jain, Advocates for the appellant.

(3.) THE thumbnail facts are that an application was filed before this Court under Section 542 and 543(1) of the Companies Act, 1956 (for short, hereafter referred to as 'the Act'), impleading G.C. Bhandari (since deceased), the then Director of M/s. B.T. Conductors Pvt. Limited (in liquidation) as one of the respondents and the same was registered as S.B. Company Application No. 29/1993. Notices were issued on 29.07.1994 and on being served therewith, he (G.C. Bhandari), impleaded as respondent No. 1, filed his reply, whereafter issues were framed on 22.05.1997. Thereafter, the Official Liquidator filed examination -in -chief in the form of an affidavit and was cross examined by the other respondents. It was, at that stage, that an application came to be filed by Shri T.C. Bhandari, the brother of the respondent No. 1, informing this Court that meanwhile he (G.C. Bhandari) had expired on 07.02.2007 and objected to the continuance of the proceedings against him. On this, the name of G.C. Bhandari was deleted by order dated 05.12.2008, whereafter the Official Liquidator filed an application for recalling the said order. Though, this prayer was opposed, this Court vide order dated 11.10.2012, acceded to the prayer and recalled the order dated 05.12.2008. The Official Liquidator thereafter filed three interim applications under Order 22 Rules 4 & 9 CPC and Section 5 of the Limitation Act, 1963, to bring on record the heirs and legal representatives of the deceased respondent. On the applications, notices were issued and served on the appellant, who filed her reply registering her objection. She also submitted a detailed affidavit to the effect that she could not be impleaded as the legal representative of the deceased as she had neither inherited any property after his death, nor had worked with him, nor had any knowledge pertaining to the affairs of the company. This Court, however, after hearing the learned counsel for the parties, vide order dated 15.02.2013, observed that this plea, raised on behalf of the appellant, would be considered in the pending proceedings and that no order, at that stage, was required to be passed thereon. The applications filed by the Official Liquidator were allowed.