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2010 (12) TMI 1059 - CALCUTTA HIGH COURTWhether any person in control of the company at the point of time of its winding up or in the past had caused any monetary loss to the company by misappropriation or misapplication of its funds or by not properly dealing with its properties or converting them to any use other than that which was beneficial to the company? Held that:- If it is proved that a respondent former director or officer had left the company reasonably long before the company went into liquidation, the official liquidator making an allegation of misfeasance is fixed with the additional duty, to enquire in greater detail how this former director or officer was responsible for such loss and make more specific allegations of them with all relevant particulars. Otherwise such proceedings brought against him would be without disclosing a cause of action and an abuse of the process of law and of the court. Here the applicant having resigned more than seven years before the winding up order, the onus of the official liquidator was to furnish such details. He has not done so. Hence the judge’s summons and the points of claim do not disclose any cause of action against the applicant. Continuance of such proceeding would be an abuse of the process of law and court. Therefore, on this solitary ground would allow this application. The above misfeasance proceedings are struck off against the applicant. Although refrain from making any comment regarding the pleadings concerning the other respondents, save and except what is made above direct the official liquidator to get the pleadings drafted in future proceedings in accordance with the observations above.
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