Judgment

VENKATARAMIAH, J. :- The short question which arises for decision in this appeal by special leave is whether the proceedings initiated against a director of a company under Section 543 of the Companies Act, 1956 (hereinafter referred to as the Act) can be continued after his death against his legal representatives and whether any amount declared to be due in such proceedings can be realised from the estate of the deceased in the hands of his legal representatives.

2. The facts of the present case may be briefly stated thus : Ballygunge Real Property and Building Society Ltd. (hereinafter referred to as the Company in liquidation) was ordered to be wound up by the High Court of Calcutta on January 8, 1958. On Jan. 2, 1963, the Official Liquidator took out summons under See, 543 (1) of the Act against its directors including Dr. S. N. Sinha for a declaration that the said directors were guilty of misfeasance and breach of trust and also for an order directing them to repay or restore the money or property of the Company in liquidation which they were alleged to have retained wrongfully. During the pendency of the said proceedings, Dr. S.N. Sinha died on November 16, 1969 intes