OFFICIAL LIQUIDATOR GOLCHA Vs. P C DHADDA

JUDGEMENT

(1.) An application under Sections 446 and 538 of the Indian Companies Act, 1956, was filed on 13th October, 1971. Notice of the application was directed to be issued to the non-petitioners. It was contended in the petition that Shri P.C. Dhadda, Shri G.L. Jain, and Shri K.C. Jain were the secretary, chief accountant and cashier, respectively, in the year 1965 of the Golcha Properties (P.) Ltd. It was further contended that by voucher No. 320 dated 25th August, 1965, a sum of Rs. 15,000 was drawn from the Jaipur office of the Golcha Properties (P.) Ltd. for the purpose of sending it to the Delhi office through a messenger. The voucher withdrawing Rs. 15,000 was signed by Shri P.C. Dhadda as secretary and Shri G.L. Jain as chief accountant, and Shri K.C. Jain as cashier prepared this voucher. This amount has been debited in the books of accounts at the Jaipur office of Golcha Properties (P.) Ltd. in the year 1965-66. On an inquiry, it was learnt that this amount had not been received in the Delhi office. Non-petitioner No. 1, Shri P.C. Dhadda, adopted the reply which was filed on behalf of the non-petitioner No. 2, Shri G.L. Jain. Shri Jain raised a number of contentions including that Sections 538 and 458A of the Companies Act, 1956, are ultra vires the provisions of Article 14 of the Constitution of India and, therefore, are likely to be struck down. It was further stated by him that in April, 1965, an aggregate sum of Rs. 20,000 was received in the Delhi office of the company in liquidation through bank from third parties who had remitted the same for and on account on behalf of the head office of the company in liquidation at Jaipur. The Delhi office was in need of certain amount in the month of August, 1965, to settle certain matters. It was further contended that from an inquiry he learnt that on or about 30th April, 1965, Shri S.P. Sharma remitted the said sum of Rs. 20,000 through bank to the Delhi office and the said amount was credited in the books of accounts of the Delhi office to the account of the head office, Jaipur. It was further contended that the sum of Rs. 15,000 was, in fact, sent and received by the Delhi office to pay the same to third parties to honour its commitments.

(2.) Non-petitioner, Shri K.C. Jain, in his reply stated that he was employed in the company in September, 1964, in the post of assistant accountant and was retrenched by the company in July, 1967. He admitted that the cash voucher No. 320 dated 25th August, 1965, had been prepared by him. The non-petitioner No. 4 has also adopted the reply filed by the non-petitioner No. 2. Non-petitioner No. 5 pleaded no personal knowledge of the transaction whereby Rs. 15,000 were remitted through cash voucher No. 320 dated 25th August, 1965, from the Jaipur office of the Golcha Properties (P.) Ltd. to the Delhi office. Non-petitioner No. 6, Smt. Jatan Kanwar Golcha, adopted the reply filed by the non-petitioner No. 4.

(3.) Non-petitioner No. 2 then filed an amended reply on 6th December, 1972.