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1945 Supreme(Mad) 201

SHAHABUDDIN
Pattiam Veettil Monokki Sankaram Nambiar – Appellant
Versus
Kottayam Bank by its Official Liquidator – Respondent


JUDGMENT

Shahabuddin, J.

1. The point for determination in this Civil Revision Petition is whether proceedings started against a director of a company under Section 235 of the Indian Companies Act can be continued after his death by bringing his legal representatives on record.

2. The petitioner started proceedings under Section 235 against the directors of a company in liquidation one of whom, Krishnan Nambudiri, died before the enquiry was over. The petitioner then filed the application out of which this civil revision petition arises to bring the respondents on record as the heirs of Krishnan Nambudiri. This application was opposed on the ground that it could not be continued after the death of the deceased director. The learned District Judge of Tellicherry relying on the decision of the Allahabad High Court in Official Liquidators, Mufassil Bank v. Jugal Kishore I.L.R. (1939) All. 6 accepted this contention and dismissed the petitioners application.

3. In Official Liquidators, Mufassil Bank v. Jugal Kishore I.L.R. (1939) All. 6 it was held that proceedings under Section 235 of the Companies Act against a director cannot after the death of the director during the proceedings be con

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