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1965 Supreme(SC) 202

R.S.BACHAWAT, J.R.MUDHOLKAR, K.SUBBA RAO
Public Passenger Service LTD. , Chidambaram – Appellant
Versus
M. A. Khadar – Respondent


Advocates:
A.V.Velayudhan Nair, A.V.VISHWANATHA SASTRI, K.K.VENUGOPAL, P.RAM REDDY, R.GOPAL KRISHNAN

Judgment

BACHAWAT, J.: The appellant is a limited Company carrying on transport business in South. Arcot District. M. A. Khadar, the contesting respondent in Civil Appeal No. 202 of 1965, holds 13 shares and his brother M. A. Jabbar, the contesting respondent in Civil Appeal No. 203 of 1965, holds 163 shares in the Company. Articles 29 and 30 of the Articles of Association of the Company read:

"29. The notice shall name a future day, not being less than seven days from the service of the notice, on or before which such all or other money and all interest and expenses that may have accrued by reason of such non-payment are to be paid and the place where payment is to be made, the place so named being either registered office of the Company are usually made payable and shall state that in the event of non-payment at or before the time and at the place appointed the share in respect of which such payment is due, will be liable to be forfeited.

30. If the requisitions of any such notice as aforesaid be not complied with, any share in "respect of which such notice has been given may, at any time thereafter before payment of all money due thereon with interest and expenses, be forfeited by



















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