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Official Liquidator vs Ram Swarup And Etc. on 27 March, 1996 cites

Official Liquidator, Supreme Bank Ltd vs P. A. Tendolkar (Dead) By L. Rs. And Ors on 19 January, 1973

It is noteworthy that the decision in the case of P. A.-Tendolkar was subsequently considered by the Supreme Court in its subsequent decision in the case of the Official Liquidator v. Partha Sarthi Sinha, AIR 1983 SC 188 in which after discussing the Tendolkar's case at length it was held that in Tendolkar's case the Supreme Court had not concluded that on the death of a person against whom proceedings under Section 543 had been initiated the same could not be proceeded against the legal heirs. Had it been so, the final order would not have been what was actually made therein. The Supreme Court had proceeded to hold as follows :-- (at P. 194 of AIR) "The true doctrine is that whenever you find that the deceased person has by his wrong diverted either property or the proceeds of the property belonging to someone else into his own estate, you can then have recourse to that estate through his legal representatives when he is dead, to recover it."
Supreme Court of India Cites 34 - Cited by 99 - M H Beg - Full Document

Kothari (Madras) Ltd. vs Myleaf Tobacco Development Co. Pvt. ... on 30 May, 1984

11. Learned counsel for the opposite parties then contended, though half-heartedly, that the statement of affairs was filed by Jugal Kishore, one of the Ex-directors, and the affidavit filed by Ram Swarup was signed in good faith without going through the records which were with [the Receiver. I am not going to accept this submission for the reason that after having filed the affidavit before this Court and after having filed the statement of affairs it is not open to the Ex-directors to say that the said documents were signed in good faith or without ascertaining the figures from the record. In fact, no such arguments were advanced by the other directors in other petitions. This argument, therefore, appears to be an after thought. While filing the statement of affairs under Section 454 of the Act it was not the case of the Ex-directors that they were not in a position to file the statement of affairs as the records were with the Receiver. I have perused the copy of the statement of affairs which has been filed by the Official Liquidator along with the rejoinder affidavit and from the same it cannot be said by any stretch of imagination that the details furnished therein were not based on the records or based upon conjectures. That apart, it is well settled that the Ex-directors of the company cannot succeed on the bald plea that they were only nominal directors and were not incharge of affairs of the company (See: Kolhari (Madras) Limiled v. Myleaf Tabacoo Development Company (P) Ltd (1985) 57 Com Cas 690 : (1984 Tax LR 2168) (Kant).
Karnataka High Court Cites 11 - Cited by 2 - Full Document
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