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2003 Supreme(Kar) 179

S.N.KUMAR
ENNEN CASTINGS (P) LTD. – Appellant
Versus
M. M. SUNDARESH – Respondent


Advocates:
A.Murali, DIPAK A.MASIH, H.B.NARAYAN, K.S.Chandrahasa

S. N. KUMAR, J.

( 1 ) C. A. No. 423/1998 is filed under Section 543 (1) of the Companies Act, 1956 for a direction to the respondents who are all the Directors of the Company under liquidation to pay the Company a sum of Rs. 6,88,311. 80 along with interest.

( 2 ) THE respondents have filed their statement of objections denying the liability. Thereafter the matter was referred to the Commissioner to record the evidence. Accordingly, the Commissioner recorded the evidence of the Official Liquidator and thereafter the case was set down for the evidence of the respondents. Sri. M. M. Sundaresh, the first respondent in C. A. No. 423/1998 was examined on 21-1-2003. Respondents 7 and 6 requested the Commissioner to permit them to cross-examine the said M. M. Sundaresh and also requested for cross-examination of respondents 4 and 5 in the event of they being examined. The said request of the respondents 7 and 6 was opposed by respondents 1, 4, and 5 contending that a co-respondent has no right to cross-examine the other respondent. Under those circumstances, the Commissioner called upon the respondents 7 and 6 to approach this Court and get the necessary permission to cross-examine. Accord















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