JUDGMENT

GUPTA, J.:—The appellants question the propriety of an order under Section 195 of the Indian Companies Act, 1913 made by the District Judge, Jalgaon on November 22, 1967 summoning the appellants before him for the purpose of examining them concerning the trade, dealings, affairs and property of the respondent Company, the Gendalal Mills Limited (in Liquidation), Jalgaon. The winding up of the Company had been ordered by that Court on November 3, 1954.

2. The relevant facts are these On December 31, 1953 the former Management of the Company executed in favour of the appellants and several other persons a Debenture Trust Deed for Rupees fifteen lacs: the immovable property of the Company its fixtures including machinery were given as security. On June 24, 1954 the Management of the Company executed an unattested Deed of Hypothecation to the tune of Rupees ten lacs in favour of the second appellant: the movables of the Company were hypothecated under this Deed. Some time in July, 1954 the debenture trustees proceeded to enforce the security and appointed the first appellant as Receiver on their behalf. The Receiver took possession of the entire property of the Company and work