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1991 Supreme(SC) 640

KULDIP SINGH, RANGANATH MISRA, S. MOHAN
Rabindra Chamria: Benu Gopal Bangur: Kumar Bangur: Laxmi New As Bangur: Mahabir Prasad Poddar – Appellant
Versus
Registrar Of Companies, W. B. : Registrar Of Companies: Registrar Of Companies: Registrar Of Companies: Regional Provident Fund Commissioner, W. B. – Respondent


Advocates:
A.K.JAIN, ARUNESHVAR GUPTA, K.K.VENUGOPAL, KAPIL SIBAL, PRAMOD DAYAL, S.K.Gambhir, SHANKAR GOPAL PAGIRE, Surinder Karnail, SUSHMA SURI, VIVEK GAMBHIR

JUDGMENT

S. MOHAN,J.:-All these matters can be dealt with under a common judgment since the question which arises for consideration is the scope of Section 633 of the Companies Act, 1956.

2. It is enough if we refer to the facts in Civil Appeal No. 3012 of 1990. The short facts are as follows:

Eastern Manufacturing Company Ltd. "(The Company" in short) is the owner of a jute mill in West Bengal. The appellants were appointed Directors between 10-4-1981 and 15-6-1984. There was a lockout in the Jute Mill On 2-6-1982. By a notification dated 26-10-1983, Government of West Bengal declared the said jute mill as a relief under taking under the provisions of West Bengal Relief Undertakings (Special Provisions) Act, 1972. However, on 24-11-1983, the lockout was lifted. Thereafter the mill resumed its manufacturing operation between 16-1-1984 and 8.4.1984. There was a strike in the Jute Industry throughout West Bengal. Between 7-3-1985 and 3-8-1985 there was a lock out due to labour unrest. As a result of all these the company defaulted in the payment of the provident fund dues. On 28-1-1986, a petition was moved on behalf of the appellants under Section 633 of the Companies Act, 1956 (herein

















































































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