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1940 Supreme(Mad) 212

ALFRED HENRY LIONEL LEACH
S. Gopalaswami Gounder – Appellant
Versus
K. Krishnaswami Gounder Interim Liquidator of the Pollachi Vellala Union Mills Company Limited, in liquidation – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. This is an appeal from an order passed by Gentle, J., on a misfeasance summons taken out by the liquidator of the Pollachi Vellala Union Mills Company, Limited. The liquidator alleged that the appellant, who had been the manager of the company, was liable under Section 235 of the Indian Companies Act to pay two sums of money, one of Rs. 3,448-10-6 and the other of Rs. 700-7-0. The liquidator also asked that an order be passed against the appellant, directing him to produce all books, papers, documents and correspondence relating to the company which were still in his possession. The learned Judge held that the: appellant Was not liable ill the sum of Rs. 3,448-10-6 and the liquidator withdrew the summons so far as Rs. 700-7-0 was concerned. With regard to the books it was said that the appellant had wrongfully retained the following : (1) The inventory or stock book; (2) the directors circulation book; (3) the shareholders circulation book; and (4) the share transfer application register. The learned Judge found that the first two of these books were with the appellant, but that the remaining two were not with him. Accordingly he passed an










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