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1987 (9) TMI 344

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..... JUDGMENT R.N. Mittal, J. The petitioner-company was ordered to be wound up by this court, vide order dated August 31, 1984, in Company Petition No, 41 of 1983 and the official liquidator was appointed as its liquidator. Respondents Nos. 1 and 2 were its managing director and director, respectively, during the time it functioned. The respondents, it is alleged, did not take any active p .....

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..... 19.80 3. The Indian Express, Mount Road, Madras 29.40 4. The Times of India, Ahmedabad 6.00 5. Sh. Ajit Singh, Sherpur Engg., Garh Road, Meerut 16.20 6. Pt. Hem Raj Sharma Raj Jyotishi, V. P.O., Kartarpur 600.00 7 M/s Bagga Art Studio, Gill Road, Rani Market, Ludhiana 395.07 8. .....

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..... onally liable to pay the aforesaid amount. Consequently, it is prayed that a decree for recovery of Rs. 4,056.77 with interest at the rate of 12% per annum from the date of the winding-up order, i.e ., August 31, 1984, till the date of realisation of the amount, be passed in favour of the petitioner company and against the respondents jointly and severally. Notice of the petition was issued to .....

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..... time-barred Section 543 of the Companies Act, inter alia , provides that if it appears that any past or present director of the company has been guilty of misfeasance or breach of trust in relation to the company, the court may, on the application of the official liquidator, or the liquidator, examine into the conduct of the director and compel him to contribute such sum to the assets of the com .....

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..... y to the extent of such loss. In the present case the breach of duty on the part of the respondents is apparent from the facts of the case. Therefore, they are liable to reimburse the company to the tune of Rs. 4,056.77. The petitioner has further claimed interest on the said amount from the date of filing of the petition till the date of realisation of the amount at the rate of 12% per annum. In .....

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