9911796707
TMI Blog1963 (8) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... Har Parshad filed a petition under sections 38,184 and 216 of the Indian Companies Act of 1913 (hereinafter referred to as the Act) for rectification of the Register of Members of the National Planners Limited (in liquidation) (hereinafter referred to as the company), on the allegations that they were made to apply for allotment of shares on payment of Rs. 1,125 in that connection by the company u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for allotment obtained by the National Planners Limited as a result of any fraud or misrepresentation ? (3)Was any condition, as stated in paragraph 10 of the petition, agreed to by the company before the allotment of 250 preference shares Nos. 58373 to 58612 to the petitioner in the National Planners Limited ? (4)Were not the shares Nos. 58373 to 58612 allotted to the petitioner in the Nati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces were served on the petitioners for settlement of the list of contributories. The petitioners appeared and raised certain objections against their names being included in the said list which were overruled. They did not file any appeal against this order which became final under section 183 of the Act. It was on 5th May, 1955, that the present petition was instituted in the court of the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ributories and after the order of winding up of the company had been passed in liquidation proceedings are liable to be summarily dismissed as not maintainable, especially so when the member had ample opportunity of repudiating his liability before the final order was passed in the liquidation proceedings. The simple reason is that once a winding up order is passed, a member has no right to file a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ite any authority to the contrary. The learned district judge should have dismissed the petition on the two short grounds elucidated above. For the above reasons the appeal is accepted and the order of the learned district judge directing rectification of the register of members of the company as prayed for by the petitioners is set aside. Their application stands dismissed with costs throughout ..... X X X X Extracts X X X X X X X X Extracts X X X X
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