BARASAT BASIRHAT LIGHT RAILWAY AND CO. LTD. (IN LIQUIDATION) Vs. SOVA ROY AND OTHERS
LAWS(CAL)-1996-12-34
HIGH COURT OF CALCUTTA
Decided on December 09,1996

Barasat Basirhat Light Railway And Co. Ltd. (In Liquidation) Appellant
VERSUS
Sova Roy And Others Respondents


Referred Judgements :-

STATE OF MADHYA PRADESH VS. S S AKOLKAR [REFERRED TO]
STATE OF HARYANA VS. CHANDRA MANI [REFERRED TO]
ELISA VS. A DOSS [REFERRED TO]


JUDGEMENT

Altamas Kabir, J. - (1.)This summons has been taken out by the Official Liquidator, I inter alia, for setting aside abatement of the misfeasance proceedings against the respondent No. 3, Kalachand Roy, deceased, and for substitution of his heirs in his place in the said proceedings.
(2.)From the facts as disclosed in the affidavit of Debnarayan Dutta affirmed on 19th June, 1996, in support of the Judges Summons, it appears that the Company in liquidation was directed to be wound up by an order passed by this Court on 12th July, 1957, and the Official Liquidator of this Court, initiated misfeasance proceedings against the ex-Directors on or about 11th July, 1962.
(3.)The matter was heard on 15th Sept., 1981, and an order was passed in the misfeasance proceedings directing the respondents Nos. 2 to 5 to pay the Official Liquidator a sum of Rs. 22,11,782/-, together with interest thereon at the rate of 6 per cent per annum and costs of the application.
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