Judgment-

DAS GUPTA

( 1 ) THESE appeals raise a question as to the manner in which a creditor company can validly cast its vote at a meeting of the creditors held under the provisions of S. 153 of the Indian Companies Act, 1913. The question arises in connection with such a meeting held of the creditors of the Gaya Sugar Mills Ltd. on 14/11/1951, an order was made by the Company Judge in the Patna High Court for the winding up of the Gaya Sugar Mills Ltd. on 6/10/1953, an order was made by the learned Judge for action to be taken under section 153 of the Indian Companies Act. Mr. G. C, Banerjee, who was appointed Chairman to hold the meeting of the creditors held separate meetings of the debenture-holders, secured creditors and of the unsecured creditors. In his Report he stated as regards the meeting of the unsecured creditors that "thirty unsecured creditors either in person or through proxy attended and took part in the meeting," and that ultimately a resolution proposed by one of the creditors, the Standard vacuum Oil Company and seconded by another creditor Shri K. C. Agarwal was passed by the creditors present by majority in number as well as three-fourth in value. " It appears