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Showing contexts for: continuous nuisance in Official Liquidator, High Court Of ... vs Maganlal Hirachand Shah And Ors. on 28 March, 1980Matching Fragments
20. A Division Bench of the Kerala High Court in the case of Smt. Joselin v. Official Liquidator, Alwaye Chit Funds (P.) Ltd. [1979] 49 Comp Cas 170, held that the three directors therein had died at an early stage of the proceedings before the company court and none were examined in the misfeasance proceedings nor had they opportunity to defend prior to their death and on that account it would not be just, fair or equitable to continue the nuisance proceedings against the appellants who were the legal representatives of the three directors. Balakrishna Eradi J., as he then was, speaking for the Bench, essentially placed reliance on paras. 28, 29 and 30 of the Supreme Court's decision in Tendolkar's case (as ) and arrived at the conclusion which the Bench did in the Kerala High Court.