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TMI Blog1961 (7) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... appears to : the Central Government that such action should be taken thereunder. The substantive application, namely, O.P. No. 272 of 1952, was filed under section 153C of the Indian Companies Act, 1913, for obtaining an order appointing an administrator or receiver to take charge of the business, properties and assets of the company, for terminating the service of the managing director and other directors, who were in charge of the affairs of the company, and for certain other reliefs on the footing that there was mismanagement of the company by the board of directors and that the affairs of the company were conducted in a manner detrimental to the interests of the company and its shareholders. During the course of hearing of the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Phiroz Mistry [1960] 30 Comp. Cas. 641,662 (SC) . That case was concerned with an enquiry under section 234 of the Indian Companies Act. Their Lordships of the Supreme Court observed : "Thus the scope of the enquiry contemplated by section 234 is clear; wherever the Registrar has reason to believe that the affairs of the company are not properly carried on he is empowered to make an enquiry into the said affairs. Similarly under section 235 inspectors are appointed to investigate the affairs of any company and report thereon. The investigation carried on by the inspectors is no more than the work of a fact-finding commission." What the learned judge in the instant case should be held to have directed is the issue of a fact-finding com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment has been considered in detail by Govinda Menon J., as he then was, in Central Brokers v. Ramnarayana Poddar and Co. ILR [1954] Mad. 1052. The learned judge laid down two tests to find out whether the adjudication in a particular case is a judgment within the meaning of clause 15 or not. The tests were : (1) whether the order terminates the suit or proceedings, and (2) whether it affects the merits of the controversy between the parties in the suit itself. That view was followed in Union of India v. Shanmugha Nadar [1958] 2 MLJ 419 AIR 1959 Mad. 117 , a judgment to which one of us was a party. It is sufficient for the purpose of this case to consider whether the second of the two tests has been satisfied. Mr. Thyagarajan for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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