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1958 Supreme(Mad) 183

BALAKRISHNA AYYAR
The Vanguard Fire and General Insurance Co. , Ltd. Madras represented by its Manager, H. D. Rajah – Appellant
Versus
Fraser and Ross, Chartered Accountants, Madras – Respondent


Advocates:
G.R. Jagadisan and T.S. Srinivasan, for Petitioner.
C.S. Padmanabhan for Messrs. King & Patridge, for Respondent No. 1.
The Government Pleader (B.V. Viswanatha Iyer), for Respondent No. 2.

Order

This is a petition by the Vanguard Fire and General Insurance Company, Limited, 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 25th September, 1941, and came under the purview of the Insurance Act, 1938. The company applied for and obtained certificates of registration for carrying on various classes of insurance business. On 15th October, 1956, there was an Extraordinary General Meeting of the share-holders 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 Insurers 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 contract of insurance from and after this date”.

The third resolution required the Board




































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