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1944 Supreme(Mad) 60

LEACH
T. S. Pl. S. Thinnappa Chettiar – Appellant
Versus
G. Rajagopalan, Official Liquidator of Oriential Investment Trust Ltd. – Respondent


JUDGMENT

Leach, C.J.

1. These three appeals arise out of proceedings instituted under Section 235, Companies Act, by the Official Liquidator of the Oriental Investment Trust Ltd., which is in the process of being wound up compulsorily under an order of this Court passed on 21st July 1939. The company was incorporated on 9th September 1936. The first directors were C. Abdul Hakim, P. V. Swanithan, V. KR. ST. Kasi Viswanathan Chettiar, S. Subbaraya Mudaliar, T. RM. T. SP. P. L. Palaniappa Chettiar and PL. VA. V. Ramanathan Chettiar. C. Abdul Hakim and P. V. Swaminathan died before the liquidation commenced and Kasi Viswanathan after the misfeasance summons had been heard. On 1st April 1937, T. S. PL. SP. Thinnappa Chettiar joined the board. Charges of misfeasance were prefer-red against Kasi Viswanathan, S. Subbaraya Mudaliar, Palaniappa, Ramanathan and Thinnappa. It was claimed that as the result of; their misconduct they were liable jointly and severally in the sum of Rs. 2,77,531-5-9. The learned Judge (Bell J.) considered that S. Subbaraya Mudaliar had not acted unreasonably and was entitled to the benefit of Section 281, Companies Act. He found that the Official Liquidator had est











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