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1952 Supreme(Bom) 108

CHAGLA, SHAH
Walchandnagar Industries, Ltd. – Appellant
Versus
Ratanchand Khimchand Motishaw – Respondent


Advocates:
Sir Jamshedji Kanga, with Y.B. Rege, with F.M. Pochkhanawala and J.M. Pochkhanawala, for Appellants; N.A. Mody, with Amarchand and Mangaldas, for Respondent.

Judgement

CHAGLA, C.J. : - This appeal raises a very interesting and important question as to the construction of S. 86F, Companies Act. The facts are proved and not disputed. The respondent was a director of the Walchandnagar Industries, Ltd. In June 1951 he entered into a contract with the company for the supply of one tin of ghee, and the question that arises is whether by reason of the respondent entering into this contract he has ceased to be a director of the company. Section 86P imposes a personal disability upon a director of the company and the disability is that a director of the company,, or the firm of which he is a partner or any partner of such firm, or the private company of which he is a member or director is precluded from entering into any contracts for the sale, purchase or supply of goods and materials with the company. The disqualification is not absolute, because the section provides that with the consent of the directors, a director can enter into contracts which are prohibited under this section. It is clear that in enacting this provision,, which is a novel provision and finds no place in the English Companies Act, the Legislature wanted to suppress a partic











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