IN RE: INDIAN COMPANIES ACT, 1882; IN RE: MALABAR TIMBER YARDS AND SAW MILLS, LIMITED NOW IN LIQUIDATION; LOVELOCK AND LEWES Vs. MALABAR TIMBER AND SAW MILLS, LIMITED, NOW IN LIQUIDATION BY TIS LIQUIDATOR, FHOAKELY

JUDGEMENT

(1.) The question raised in this appeal is whether Bakewell, J., was right in holding that the appellants, Messrs. Lovelock and Lewes, were officers of the Malabar Timber Yards and Saw Mills, Limited, now in liquidation, within the meaning of Section 214 of the Indian Companies Act, 1882. The case for the liquidator is that they are "officers" in their capacity as auditors.

(2.) In dealing with this case, we have derived considerable assistance from the very full affidavit which has been put in by Mr. Lewes, a partner in the firm of Messrs. Lovelock and Lewes, in answer to the affidavit of the liquidator filed in support of the summons. I have no reason to suppose that Mr. Lewes affidavit, in so far as it contains statements of facts, does not set out fully and fairly all the facts in so far as they were within his knowledge.

(3.) In addition to the correspondence set out in Mr. Lewes affidavit, we have some further letters, and the evidence of the Companies proceedings, put in by the liquidator; and we have the oral evidence of Mr. Lewes who was cross-examined on his affidavit.