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1994 Supreme(Online)(Bom) 3

BOMBAY HIGH COURT
A,, J
Official Liquidator High Court Bombayand Liquidator of Jai Hind Estate and Housing Co. Ltd v. Taru Jethmal Lalvani and Others


Table of Content
1. the official liquidator's application against deceased directors. (Para 1 , 3 , 4)
2. legal implications of issuing misfeasance summons against deceased parties. (Para 5 , 6)
3. judicial interpretations related to liability of deceased directors. (Para 9 , 10 , 12)
4. limitation issues in bringing heirs into proceedings. (Para 13 , 14 , 15)

1. The appellant is the Official Liquidator of Jai Hind Estate and Housing Co. Ltd. (in Liquidation). He had taken out Company Application No. 161 of 1981 against 16 respondents under S. 543(1) of the Companies Act, 1956 for a declaration that respondents Nos. 1 to 16 being Directors and / or officers and / or Auditors of the above Company had misapplied and / or become liable and / or accountable for the money or property of the Company and / or were guilty of misfeasance and / or malfeasance and / or non - feasance and / or breach of trust in relation to the said company in respect of various amounts as set out in the prayers to that Company Application. This Company application was taken out on 15th June, 1981.

2. Eight years thereafter, the Official Liquidator took out Company Application No. 75 of 1988 by which the Official























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