Judgment

J. L. KAPUR, J. : This appeal by, special leavc raises a question of interpretation of S. 237 of the Indian Companies Act. Appellant No. 1 is one of the past directors of the Bank of Commerce Ltd., now in liquidation and appellant No. 2 was its Managing Director. The Bank was ordered to be wound up by the High Court of Calcutta on August 7, 1950 and one G. K. Dutt. Bar-at-law was appointed its Official Liquidator but on September 7, 1950 the Official Receiver was appointed in place of Dutt. On July 23, 1952 respondent No. 1 filed in Court of the Presidency Magistrate a complaint against the appellants u/ss. 120B, 406, 467, 477A, Indian Penal Code and 182A of the Indian Companics Act and stated that he was doing so under the authority of the official liquidator and the official liquidator had obtained the directions of the High Court to file the complaint. On May 5, 1953 the appellant applied to the Presidency Magistrate for dismissal of the complaint as bring without the sanction of the Company Judge and therefore the official liquidator in his official capacity was incompetent to prefer the complaint, being the creation of the statute he could only act within the four corn