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1960 Supreme(SC) 46

A.K.SARKAR, M.HIDAYATULLAH, S.R.DASS
Brihan Maharashtra Sugar Syndicate LTD. – Appellant
Versus
Janardan Ramchandra Kulkarni – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, B.K.B.Naidu, H.D.Banaji, I.M.SHROFF, J.B.DADACHAN, P.L.VOHRA, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY, SORAB N.VAKIL

Judgment

SARKAR, J. : Respondents Nos. 1 to 4 are share- holders in the company which is the appellant in this case. They made an application against the appellant and its directors under S. 153-C of the Companies Act, 1913 before that Act was repealed on April 1, 1956, as hereinafter mentioned, for certain reliefs which it is not necessary to State. This Act will be referred to as the Act of 1913. This application had been made to the Court of the District Judge of Poona which Court had been empowered to exercise jurisdiction under the Act of 1913 by a notification issued by the Government of Bombay under S. 3(1) of that Act. Before the application could be disposed of by the District Judge, Poona, the Act of 1913 was repealed and reenacted on April 1, 1956, by the Companies Act of 1956, which will be referred to as the Act of 1956.

2. On or about June 28, 1956, the appellant made an application to the District Judge of Poona for an order dismissing the application under S. 153-C of the Act of 1913 on the ground that on the repeal of that Act the Court had ceased to have jurisdiction to deal with it. The District Judge of Poona dismissed this application. The appellant s appeal to t











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