1990 (2) TMI 315

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.... Parekh, Adv. JUDGMENT Mahesh Chandra, 1. Petitioner have filed this company appeal under Order 22, rule 4 of the civil Procedure Code, 1908, read with rule 9 of Companies (Court) Rules, 1959, for bringing on record the legal representatives of the deceased respondent No. 2 in the main company petition C.P. No. 41 of 1982. The application is opposed on behalf of the proposed legal represe....

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...., for prevention of oppression and mismanagement, it is not permissible to implead the heirs and legal representatives of deceased director and continue the proceedings against them." 4. As against, it has been urged by learned counsel for the petitioner that in para 21 of the company petition, it has been stated that, on the death of Shri R. N. Bhaskar, his shares were appropriated at the inst....

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....ives are now only ordinary shareholders and have no other connection with the management. The acts of Shri. V. N. Bhaskar, challenged in this petition, are those of a director, rather than of an individual shareholders. In view of these facts it cannot be said that his legal representatives have become necessary or even proper parties to this petition. No cause of action can be said to exist vis-a....

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.... Legislature in enacting the sub-section was to arm the court with full powers if it was of opinion that the situation mentioned in sub-section (1) of section 398 had arisen. But the powers so widely conferred could be utilised only to bring to an end the situation which had already continuing in future... it is settled that the liability can be enforced only against a living director and not agai....