1. This is an appeal under Sec.202 of the Indian Companies Act, 1913 , against the order of the Company Judge (Sahai, J.), dated the 13th September 1963, in a proceeding under Sec.235 of that Act. That proceeding was initiated on an application by the Official Liquidator for action under that section against 23 persons including several Directors of the Company under liquidation, viz., the Gaya Sugar Mills, Ltd. He alleged that, while in charge of the assets of the Company, they committed various acts of misfeasance, malfeasance, non-feasance, breach of trust, etc., and, that, consequently action should be taken against them under, Sec.235.

2. It is, however, conceded by counsel for both sides that, against some of the persons named by the Official Liquidator, the Company Judge did not take further action, he continued the proceeding under Sec.235 only against some of the Directors; but, at the preliminary stage of the proceeding, Counsel for the Liquidator and for Lakshmipat Singhania and Bridhi Chand Bhalotia (the two respondents here) requested him to take up first the question whether, at that stage, the proceeding should go on against Lakshmipat Singhania and Bridhi Ch