OFFICIAL LIQUIDATOR JANHITKARI Vs. VISHNU KUMAR PRADHAN

JUDGEMENT

(1.) IN the present matter ex parte orders were passed on January 16, 1987, and Vishnu Kumar Pradhan, Vishwambhar Dayal Pan -sari, Deokinandan Garg and Shankarlal Chaturvedi were held responsible for misfeasance for a sum of Rs. 35,502.42 jointly and severally. An application to set aside the ex parte order was moved and the prayer was accepted in respect of Vishnu Kumar Pradhan only while in respect of others it was rejected. In respect of Vishnu Kumar Pradhan preliminary issues were framed on November 4, 1988, as under :

(2.) THE preliminary issues were decided by this court, vide its order dated March 2, 1990, and the case was directed to be heard. On the basis of the above issues the evidence was allowed to be produced. The official liquidator has filed his affidavit on November 4, 1991, and an affidavit of Shri Bhagwati Prasad Gupta was also filed. The official liquidator was offered to be cross -examined by learned counsel for the respondents on July 29, 1994, on which date Mr. Jain appearing on behalf of the respondents had declined to cross -examine him. Therefore, the matter was listed for final arguments.

(3.) LEARNED counsel for the respondents has relied upon the affidavit submitted by Bhagwat Prasad in which it is mentioned that the entire affairs were managed by Babulal Gupta. He also argued that no action was taken against Babulal Gupta in spite of the fact that he was equally responsible for negligence and for the debt becoming time -barred.