1963 (8) TMI 21

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....Respondent. JUDGMENT Messrs. Ram Kumar 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 ....

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.... register within time ? (2)Was the application 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. 583....

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.... in section 224 of the Act. On 26th April, 1955, notices 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 presen....

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....he inclusion of his name in the list of contributories 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 orde....