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1943 Supreme(Mad) 234

HORWILL
Chokkalingam Chettiar – Appellant
Versus
In Re: The Nagarathar National Bank in liquidation – Respondent


JUDGMENT

Horwill, J.

1. This is an appeal against the ex parte order of the District Judge of Ramnad at Madura on 22nd April, 1943, read with an order dated 16th July, 1943, that the appellant and other directors of the Nagarathar National Bank, Limited in liquidation should be examined on 5th August, 1943.

2. A preliminary objection has been taken that no appeal lies. Although it is not quite clear from Section 202 of the Companies Act that an order. such as this is contemplated under that section, its terms are very wide; and Sircar and Sen in their work on " The Companies Act " (at page 541) give an order, directing public examination of directors as one of the orders which are appealable. We are not prepared to say that Section 202 is not wide enough to cover the order now under appeal.

3. One of the complaints of the appellant is that this order was passed ex parte; but there does not appear to be anything in the rules which requires notice of applications under Section 196 of the Act to be given to directors before the Court can pass an order directing their public examination.

4. The Official Liquidator put in an application on 12th April, 1943, in which he expressed his opinion




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