After the Peerdan Juharmal Bank, Limited, was ordered to be wound up, the Joint Liquidator preferred Application No. 4394 of 1952, under section 235 of the Indian Companies Act (Act VII of 1913), in which charges of misfeasance among others were levelled against the respondents who had been directors of the Bank. One of them was A. V. Gopalachariar, who was impleaded as the sixth respondent in that application. Ramaswami Goundar, J., dismissed the application against the sixth respondent as well as against Respondents 5 and 7. The Joint Liquidators appealed against these directions: O.S.A. No. 142 of 1954: Gopalachariar was impleaded as the third respondent in that appeal. During the pendency of that appeal Gopalachariar died on 14th September, 1957. On 3rd January, 1958, the appellants preferred C.M.P. No. 347 of 1958 to set aside the abatement of the appeal as against Gopalachariar and C.M.P. No. 348 of 1958 to bring on record the legal representative of Gopalachariar. A further affidavit was Sled-on 21st February, 1958, to explain the delay in preferring these applications.

The question for consideration is, whether the proceedings taken under section 235 of the Act against