TMI Blog1980 (2) TMI 211X X X X Extracts X X X X X X X X Extracts X X X X ..... it appears, thereafter, nothing was done in respect of the said suit. However, the suit appeared in the special list and directions were given for filing affidavit of documents. It appears that on 12th August, 1966, the affidavit of documents was filed by the plaintiff and thereafter, on the 4th July, 1975, the plaintiff-company was directed to be wound up and the official liquidator was directed to take possession of the assets of the company and to file a report. The official liquidator on going to the company's registered office found only the name plate of the company at the main entrance of the registered office but the said company was not traceable. Thereafter, on investigation made by the official liquidator by his officer into the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is very strange how Jalan Co., knowing the position in law that after winding up it is only the official liquidator who is entitled to represent the company and in spite of the same they represented before the court and submitted to a dismissal of the said suit which followed without apprising the court about the fact of the plaintiff-company being wound up in the meantime. I caused the minute of the order dated 12th August, 1977, to be produced before me and it appears that Mr. T.C. Dutt of Jalan Company appeared and submitted before the court and, thereafter, the court dismissed the suit on the special list. It further appears that the requisition for the said order of dismissal was put by Jalan Co., and the order was drawn up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tated are also a nullity and have no effect and are without any jurisdiction. The warrant in favour of Jalan Co. stood discharged on the winding-up order being made and it is nobodys case that the official liquidator ever knew about the suit or issued any fresh warrant in favour of Jalan Co., to represent the company in any proceedings whatsoever. On the other hand it appears that everything was suppressed both from the court and the official liquidator as to the fact of the winding up (and the suit) of the plaintiff-company and, therefore, all the proceedings and orders passed thereunder (in the suit) must be held to be a nullity and can have no legal effect whatsoever. Mr. Jayanta Mitra, appearing with Mr. Ranjan Deb, for the defend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties or their attorneys. In this case no such notice was served on the official liquidator or his attorney as that could not have been done as there was no attorney of the official liquidator appointed in this suit and at no point of time before the official liquidator came to know about this suit before investigation or had any knowledge of the suit, far less the order of dismissal of the suit. Therefore, the said order is a nullity as the court had no jurisdiction to dismiss the said suit and it appears that M/s. Jalan Co. acted under a mistake or misapprehension as to the correct legal position and the jurisdiction of the court, in spite of dealing with the suit filed by the company, which has subsequently been wound up by an or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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