1981 (7) TMI 190 - HC - Companies Law

Summary

Issues Involved:
1. Liability for the loss of goods in liquidation.
2. Jurisdiction of the court under Section 446 of the Companies Act.
3. Validity and reliance on valuation reports.
4. Contempt of court and appropriate proceedings.
5. Estoppel and jural relationship between the appellant and the company.

Detailed Analysis:

1. Liability for the Loss of Goods in Liquidation:
The court held the appellant liable for the loss of goods valued at Rs. 1,29,471.45, which were in the possession of the official liquidator. The learned judge found that the loss and injury were caused by the deliberate and willful act of the appellant in unlawfully breaking open the padlocks and seals of the official liquidator and receiver.

2. Jurisdiction of the Court under Section 446 of the Companies Act:
Section 446(2) of the Companies Act grants the winding-up court jurisdiction to entertain or dispose of any suit or proceedings against the company, any claim made by or against the company, and any question arising in the course of winding-up. The court noted that the scope of Section 446(2) is broad, as construed in the case of Indramani v. Shriram Jute Mills (P.) Ltd. The court concluded that it had the power to adjudicate on all questions provided the procedure enjoined by law was followed. The appellant was given notice, heard, and there was ample evidence for the learned judge to reach his conclusion.

3. Validity and Reliance on Valuation Reports:
The appellant contended that the valuation reports were not legal documents as they were not supported by the affidavit of the valuer. The court rejected this argument, stating that the valuation reports were made pursuant to court orders by a court-appointed valuer. These reports were annexed to the affidavit filed on behalf of the official liquidator, and the appellant had the opportunity to contest them but did not do so. Therefore, the court had legal materials to rely upon.

4. Contempt of Court and Appropriate Proceedings:
The appellant argued that if he was guilty of the alleged acts, he should have been proceeded against for contempt of court. The court clarified that while certain acts could amount to contempt of court, it was not restricted to proceeding under the Contempt of Courts Act alone. The non obstante clause in Section 446(2) allows the court to proceed with other relevant proceedings. The court emphasized its duty to protect the custody of goods under Section 456 of the Companies Act.

5. Estoppel and Jural Relationship between the Appellant and the Company:
The appellant claimed that the official liquidator was estopped from contending against him due to a lack of jural relationship. The court dismissed this argument, stating that the official liquidator did not deny that the goods were in the godown. The question of estoppel did not arise as the issue was about the wrongful removal of goods, irrespective of any jural relationship. The court cited relevant case law and legal principles to support its position.

Conclusion:
The court dismissed the appeal, upholding the lower court's order for the appellant to pay Rs. 1,29,471.45 for the loss of goods. The court found no merit in the appellant's contentions regarding jurisdiction, validity of valuation reports, estoppel, or the necessity to proceed under the Contempt of Courts Act. The appellant was ordered to bear the costs of the appeal, assessed at 50 GMs, to be retained by the official liquidator out of the assets.