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1942 Supreme(Mad) 38

MOCKETT
M. S. Palaniappa Mudaliar as guardian of his minor daughter Meenakshi – Appellant
Versus
The Official Liquidator, The Pasupathi Bank Ltd. – Respondent


JUDGMENT

Mockott, J.

1. This Civil Miscellaneous Appeal is from an order of the learned District Judge of Coimbatore made in an application under Section 184 of the Indian Companies Act to settle the list of contributories. He was concerned with the 18th contributory. He has, by his order, placed the father of the 18th contributory on the list and the latter appeals.

2. We have before us very little material : but it is evident that the following essential facts were not in dispute. An application was made by M.S. Palaniappa Mudaliar as guardias of his minor daughter Meenakshi for shares and the company issued shares to and registered shares in the name of Meenakshi, describing her as a minor. This transaction was void on the face of it. An application for shares cannot be a necessity for a minor; but the bank evidently regarded it as a valid transaction and the Official Liquidator claimed against the minor for contribution when the company went into liquidation. The minor through her father Palaniappa Mudaliar filed an affidavit setting up her minority and disclaiming any personal responsibility. There was a reply by the Official Liquidator in which he contended that if the minor is



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