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SUPREME COURT OF INDIA

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PETITIONER:

THE OFFICIAL LIQUIDATOR

Vs.

RESPONDENT:

PARTHASARATHI SINHA & OTHERS

DATE OF JUDGMENT17/12/1982

BENCH:

VENKATARAMIAH, E.S. (J)

BENCH:

VENKATARAMIAH, E.S. (J)

FAZALALI, SYED MURTAZA

CITATION:

1983 AIR 188 1983 SCR (2) 211

1983 SCC (1) 538 1982 SCALE (2)1317

ACT:

Companies Act, 1956-Sections 543 and 634-Scope of-

Misfeasance and breach of trust alleged against directors of

a company in liquidation-Death of a director during pendency

of proceedings-Heirs and legal representatives of deceased

director, if could be substituted in place of deceased

director-After declaration of liability of director, if

amounts due could be realised from legal representatives.

HEADNOTE:

The respondents were the heirs and legal

representatives of one of the directors of a Company in

liquidation. When the company was ordered to be wound up,

the Official Liquidator took out summons under section 543

(1) of the Companies Act against its directors for a

declaration that the said directors were guilty of

misfeasance and breach of trust