TMI Blog1960 (10) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... application were as follows: ( a )That the existing managing agency agreement between the respondent company and the Indian Textile Syndicate (Private) Limited be terminated and the said Indian Textile Syndicate (Private) Limited be removed from their office as managing agents of the respondent company. ( b )That the existing sole selling agency agreement between the respondent company and the Kanpur Agencies (Private) Limited be terminated and that the said Kanpur Agencies (Private) Limited be removed from their office of the sole selling agents of the respondent company. ( c )That respondents Nos. 2, 3, 4, 5 and 9 be removed from their office as directors of the respondent company. ( d )That the respondents or one or more of them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion is opposed on behalf of the proposed heirs mainly on the ground that the cause of action giving rise to the application did not survive after the death of Sri Bagla against his heirs and there is, therefore, no question of the heirs being impleaded in the present proceedings. At one stage, a question arose as to whether Sri Bagla had left a will and his estate could on that account be said to be represented by an executor or an administrator. The applicants could not trace out any will and on behalf of the proposed heirs Sri Jagdish Swarup, their learned counsel, had stated that to the best of the knowledge and information of the heirs Sri Hari Shanker Bagla had not left a will at his death. In this state of affair-s there can be no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under section 543 of the Act. No authority is cited in. support of this proposition, but reliance is placed on the words of sub-section (2) of section 398. That sub-section provides as follows: "398. (2) If, on any application Under sub-section ( i ), the court is of opinion that the affairs of the company are being conducted as aforesaid or that by reason of any material change as aforesaid in the management or control of the company, it is likely that the affairs of the company will be conducted as aforesaid, the court may, with a view to bringing to an end or preventing the matters complained of or apprehended, make such order as it thinks fit." It will be noticed that the intention of the legislature in enacting the sub-section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rector and not against his heirs or legal representatives after his death. It is, therefore, not possible to accept the argument of the learned counsel for the applicant that the heirs of the deceased, Sri Hari Shanker Bagla, can be brought on record and proceeded against in these proceedings without having recourse to section 406 cr the provisions of the sections mentioned therein. In the result, the request of the applicants cannot be accepted and the heirs and legal representatives of Sri Hari Shanker Bagla cannot be brought on record in his place. As Sri Bagla is dead, his name will be scored out of the array of respondents in the original application. The application for bringing on record his heirs is rejected with costs. - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
