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Issues:
1. Application for public examination in the liquidation of a bank. 2. Postponement of public examination due to pending criminal case. 3. Renewed application for public examination after criminal proceedings. 4. Dismissal of application to vacate public examination order. 5. Argument against exercising discretion for public examination. 6. Comparison with English court decisions regarding public examination. Analysis: 1. The judgment involves an appeal against an order for public examination in the liquidation of a bank. The appellant, a former president of the bank, sought to challenge the order for public examination along with other directors and officers under section 196 of the Indian Companies Act. The official liquidator had applied for the public examination, leading to a series of legal proceedings and applications filed by the appellant to vacate or postpone the examination. 2. The appellant had initially requested a postponement of the public examination due to a pending criminal case against him. The court, through various judges, had granted postponements based on the progress of the criminal proceedings. However, the official liquidators renewed their application for public examination after the conclusion of the criminal case, leading to further legal challenges by the appellant. 3. Despite the appellant's objections and attempts to avoid public examination, the court consistently upheld the official liquidators' right to conduct the examination. The court noted that the delays in the examination process were primarily due to the appellant's objections and legal maneuvers. The court emphasized that the appellant could not evade the examination based on their own actions and objections. 4. The appellant's legal counsel argued against the court's exercise of discretion in ordering the public examination while misfeasance applications were pending. The counsel cited English court decisions to support the argument but acknowledged that there was no legal bar in the Indian Companies Act to prevent the examination. The court rejected this argument and upheld the official liquidators' right to proceed with the public examination. 5. The court compared the English court decisions cited by the appellant's counsel, highlighting the differences in the circumstances of those cases compared to the present case. The court emphasized that the appellant's repeated attempts to avoid examination and delay the process were not justifiable reasons to prevent the examination from taking place. The court concluded that the judge had properly exercised discretion in ordering the public examination. 6. Ultimately, the court dismissed the appeal and upheld the order for public examination, emphasizing that the appellant's actions had contributed to the delays in the examination process. The court found no reason to interfere with the judge's decision and ordered the appellant to bear the costs of the legal proceedings.
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