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1959 Supreme(Mad) 6

P.V.RAJAMANNAR, BALAKRISHNA AYYAR, GANAPATIA PILLAI
Vanguard Fire and General Insurance Company Limited – Appellant
Versus
Fraser and Ross and Another – Respondent


Advocates Appeared: For

Judgment :-

BALAKRISHNA AYYAR J.

This is a petition by the Vanguard Fire and General Insurance Co. Ltd., for the issue of a writ of prohibition to restrain the first respondent from carrying on any investigation into the affairs of the company in pursuance of an order made under section 33 of the Insurance Act by the Central Government

The relevant facts are these : The petitioner company was incorporated on September 25, 1941, and came under the purview of the Insurance Act of 1938. The company applied for and obtained certificate of registration for carrying on various classes of insurance business. On October 15, 1956, there was an extraordinary general meeting of the shareholders of the company at which four resolutions were passed. By the first it was resolved : "that the company do forthwith cease to carry on business as insurer in respect of fire, motor, marine, and accident and other general insurance business." The second resolution required the directors

"to stop the carrying on the business of insurers in all the branches of the said business and not to issue any policy of insurance, cover notes or other contracts of insurance from and after this date." *

The third resolut





































































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