AIR 1946 MADRAS 304

Madras High Court

Hon'ble Judge(s): Shahabuddin , J

(A) Companies Act (7 of 1913) , S.235, S.198— Scope of S.198 - Proceeding u/S.235 cannot be continued against heirs of deceased director. Section 198 deals with the powers of the Court with regard to the estate of a contributory or a debtor, but there is nothing in that section to indicate that these powers can be exercised in a summary proceeding under S.235. Hence a proceeding under S.235 cannot be continued against the heirs of a deceased director.(Para 305C2) (B) Companies Act (7 of 1913) , S.235— Proceedings under - Proceedings cannot be continued against legal representatives of deceased director - O.22, R.4, Civil P.C. (5 of 1908), does not apply. From the language of S.235, Companies Act, it is clear that proceedings started against a director @page-Mad305 of a company under that section cannot be continued after his death by bringing his legal representatives on record. Order 22, R.4 read with S.141, Civil P.C., does not apply to such a proceeding as that provision applies only if the right to sue survives : .....