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Issues: Whether the official liquidator could fasten liability on the former directors under section 543 of the Companies Act, 1956 for alleged misapplication, retention, or accountability in respect of doubtful debts and advances carried in the company's books.
Analysis: Section 543 empowers the court to assess damages where there is misapplication or retention of company money or property, or where the director is guilty of misfeasance or breach of trust. On the facts, the amounts had stood in the books for several years, were treated by the board and shareholders as doubtful or irrecoverable, and had become time-barred by the date of winding up. The directors had acted on reports placed before them by those in actual management, and there was no satisfactory material showing a personal act of negligence or a direct nexus between any individual director and the non-recovery of the sums. Mere entry of amounts as recoverable in the books did not, by itself, establish accountability under the section.
Conclusion: The directors were not liable under section 543 on the facts proved, and the claim for recovery failed.
Ratio Decidendi: Liability under section 543 requires substantive proof of misfeasance, breach of trust, or accountable conduct by the directors, and cannot be inferred merely from doubtful or time-barred debts recorded in the company's accounts.