SABYASACHI MUKHARJI, J.

( 1 ) THIS appeal arises out of an order made and judgment delivered on December 10, 1979, by Mr. Justice Salil K. Roy Chowdhury. By the said order the learned Judge directed that Sri Tulsidas Mundhra be arrested to suffer simple imprisonment for three months. This order came to be passed because there was misfeasance. The order was to the following effect ;"this Court doth hereby declare that the above named respondent Haridas Mundra and Gopidas Mundra and Tulsidas Mundra as the Directors of the said Company and in particular the said Haridas Mundra also as the proprietor of the said company had misappropriated, retained or become liable or accountable for the money or property of the said company or are guilty of misfeasance and breach of trust in relation to the said company in (i) that the respondent Directors of the said company in particular the said Haridas Mundhra made secret profits and/or obtained personal advantage by causing two lacs and ninety thousand shares of Rupees ten and valued at Rupees twenty nine lacs to be allotted in the name of F. C. Osier (India) Ltd. , and wrongfully utilising the said shares for his/their personal gain and/or in

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