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In Re: G. Ravindran and ors.

Disposition Application allowed Court Kerala Decided Oct 11, 1965
~1 min read
https://sooperkanoon.com/case/718811

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Appln. No. 435 of 1965 in C.P. No. 14 of 1964
Subject
Company
Disposition
Application allowed

Case Summary

AI-generated summary - not the official court judgment text.

- - In fact it seems to me a stronger cause than the causes specifically mentioned in Clauses (1) to (4) of the rule and I think it clearly comes within the 'other sufficient cause' of the following clause.

Key legal issue
Company
Outcome / disposition
Application allowed
Acts & sections
Companies (Court) Rules, 1959 - Rule 101

Parties & Advocates

Appellant / Petitioner

In Re: G. Ravindran and ors.

Advocate K.V. Surianarayana Iyer and; C.M. Devan, Advs.

Legal References

Acts
Companies (Court) Rules, 1959 - Rule 101
Reported In
AIR1966Ker169

Excerpt

- - in fact it seems to me a stronger cause than the causes specifically mentioned in clauses (1) to (4) of the rule and i think it clearly comes within the 'other sufficient cause' of the following clause.orderp.t. raman nayar, j.1. the applicants had already entered appearance to support the petition for winding up when the winding up petitioner died. the applicants and the winding up petitioner are all contributories seeking a winding up under the just and equitable clause. the cause of action is one common to all of them and i think that the death of the winding up petitioner is sufficient cause for an order of substitution under rule 101 of the companies (court) rules. in fact it seems to me a stronger cause than the causes specifically mentioned in clauses (1) to (4) of the rule and i think it clearly comes within the 'other sufficient cause' of the following clause. even if this is to be read ejusdem generis with clauses 1 to 4 which provide for cases of default or disability on the part of the original petitioner it would cover the case of death which is the ultimate and most absolute default and disability. 2. i allow the application.

Full Judgment

ORDER

P.T. Raman Nayar, J.

1. The applicants had already entered appearance to support the petition for winding up when the winding up petitioner died. The applicants and the winding up petitioner are all contributories seeking a winding up under the just and equitable clause. The cause of action is one common to all of them and I think that the death of the winding up petitioner is sufficient cause for an order of substitution under Rule 101 of the Companies (Court) Rules. In fact it seems to me a stronger cause than the causes specifically mentioned in Clauses (1) to (4) of the rule and I think it clearly comes within the 'other sufficient cause' of the following clause. Even if this is to be read ejusdem generis with Clauses 1 to 4 which provide for cases of default or disability on the part of the original petitioner it would cover the case of death which is the ultimate and most absolute default and disability.

2. I allow the application.

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