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Issues: Whether a dismissal of the suit, made after the plaintiff-company had been wound up and without notice to the official liquidator, was a nullity and whether the suit continued to subsist.
Analysis: Upon the winding-up order, the official liquidator became the only person competent to represent the company in liquidation, and the company's assets and proceedings came under the control of the court under section 456 of the Companies Act, 1956 read with rule 233 of the Companies (Court) Rules, 1959. The suit was dismissed on the submission of the company's former advocates, although their authority had ceased on winding up and no notice had been served on the official liquidator. In those circumstances, the dismissal was passed without jurisdiction and in breach of the requirement of notice under Chapter 10, rule 35 of the Rules of the High Court at Calcutta, 1914.
Conclusion: The dismissal order dated 12 August 1977 was void and had no legal effect, and the suit remained alive and fit to be listed for hearing.
Final Conclusion: The application succeeded in restoring the efficacy of the pending suit, and the court directed further steps for its hearing and for the official liquidator to take charge of the matter.
Ratio Decidendi: After a company is wound up, only the official liquidator can represent it in litigation, and any order made in the suit without notice to the official liquidator is a nullity for want of jurisdiction.
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