Jagat Narayan, J. - (1.) This is a reference by a learned Single Judge.
(2.) The facts which have given rise to it are these. Winding up proceedings under Section 168 of the old Companies Act were started against the Rajasthan Agriculture Live Stock and General insurance Co. on the application of the General Assurance Society Ltd. on 1-5-54 in the court of the District Judge, Jaipur City. A winding up order was made on 19-12-56 and under this winding up order Shri K. L. Bohra who was then Deputy Registrar of the Jaipur Bench was appointed as Official Liquidator in the case. In this capacity Shri Bohra moved an application in the court of the District Judge for the prosecution of the Directors which was allowed. Against the order of the District Judge the Directors preferred an appeal to this Court Shri Bohra was implead-ed as a respondent in this appeal.
(3.) In the meantime Shri Bohra ceased to to the Deputy Registrar of the High Court Bench at Jaipur and Shri M. J. Mardia was appointed in his place as Deputy Registrar. Shri Bohra was appointed Official Liquidator under Section 448(1)(b) of the new Companies Act which came into force on 1-4-56 fay the Central Government under a notification dated 18-7-1956. The appointment of Shri Bohra was ex-officio under this notification in his capacity as Deputy Registrar. When Shri Bohra was transferred from this post and Shri Mardia took charge, the latter was appointed Official Liquidator under Section 448(l)(b) of the new Companies Act by the Central Government by a notification dated 138-1957. Thereafter Shri Mardia applied to this Court for being substituted in place of Shri Bohra in the appeal filed by the Directors against the order of their prosecution. This application was allowed by the order of this Court dated 3010-57 which was passed by Sharma J. After the appeal was disposed of Shri Mardia applied to the court of the District Judge for the prosecution of three of the Directors of the Rajasthan Agriculture Live Stock and General Insurance Co. The Directors objected to the application on the ground that Sh. Mardia has no locus standi to file it. Their case was that the winding up proceedings were being continued under the old Act in view of the provisions of Section 647 of the new Act and Sh. K. L. Bohra's appointment as Official Liquidator was in force and had not come to an end, no order under Section 176 (1) of the old Act removing him from this office having been passed, On behalf of the petitioner company it was urged before the learned District Judge that the order passed by this Court on 30-10-57 in the appeal amounted to the removal of Sh. K. L. Bohra and the appointment of Sh. M. J. Mardia as Official Liquidator in the case. The learned District Judge thereupon made a reference to this Court which came up before a learned single Judge for hearing. As the order substituting the name of Shri Mardia in place of that of Shri Bohra was passed by another learned Single Judge of this Court the present ease has been referred to a Division Bench.;