Judgment

SARKAR, J. : The question in this appeal is, what is the meaning to be ascribed to the word "allotment occurring in S. 75(1) of the Companies Act, 1956? That section requires a company to file a return of the allotment of its shares with the Registrar within a month of the making of the allotment. The appellant who has been accepted as a shareholder in the respondent Company for the purposes of the present proceedings complained that the Company had not filed the return required by that section, and, therefore, moved the High Court at Calcutta under S. 614 of the Act for an order requiring it to do so.

2. The shares with which this case is concerned had been forfeited by the Company under its articles. A reference to some of these articles is necessary before we proceed further. Articles 21 of the Articles of Association of the Company authorised its Committee to expel or suspend a member in certain events. The present is not a case involving an exercise of power under this article. Articles 22, 24 and 27 are in these terms :

Article 22 : "Any member who has been declared a defaulter by reason of his failure to fulfil any engagement between himself and any other member or me