JUDGMENT

VAIDIALINGAM J.-These appeals, by the defendant in the suit concerned arise by special leave, out of the orders passed by the Division Bench of the Calcutta High Court dated March 1, 1968, and March 25, 1968, respectively. Civil Appeal No. 1412 of 1968 is directed against the order of the Division Bench in Appeal No. 196 of 1967. Civil Appeal No. 1413 of 1968 is directed against the order of the said Division Bench refusing to grant a certificate for leave to appeal to this court against the decision in Appeal No. 196 of 1967. The High Court refused to grant the certificate on the ground that the order dated March 1, 1968, in Appeal No. 196 of 1967 is not a final order and hence the party is not entitled to the grant of a certificate.

The short facts leading up to Civil Appeal No. 1412 of 1968 may he stated. The respondent company was incorporated in or about August 25, 1945, under the Indian Companies Act, 1913. The registered office of the company is at Victory Colliery, in West Bengal. The authorised capital of the company is Rs. 20,00,000 divided into 2,00,000 ordinary shares of Rs. 10 each, of which Rs. 15,10,000 is stated to have been fully paid and subscribed. The com