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1940 Supreme(SC) 11

Hansraj Gupta and others – Appellant
Versus
Dehra Dun-Mussoorie Electric Tramway Co. Ltd. – Respondent


Advocates Appeared:
Nehra and Co., W.W. Box and Co., Dingle Foot, J.P. Eddy, W. Wallach, Sir Herbert Cunliffe

Lord Thankerton:-

This appeal is from a decree of the High Court of Judicature at Allahabad, dated 1st September 1936, which reversed a decree of the Subordinate Judge at Dehra Dun dated 4th February 1931 and granted a decree to the plaintiff-respondent for a sum of Rs. 13,100 with interest at 6 per cent. from 31st August 1923. The suit arises out of the misdeeds of Beltie Shah Gilani, who was the promoter and managing agent and managing director of the Dehra Dun-Mussoorie Electric Tramway, which was registered under the Indian Companies Act, 1913, on 23rd August 1921, and was ordered to be wound up by the High Court on 26th March 1926, N. P. Asthani and Bhagwati Shanker being appointed the Official Liquidators. On investigation, it was found that large sums of the Company's monies had been misappropriated by Beltie Shah. Certain contracts with the Company were made by Lala Raghumal, who carried on business as a contractor under the name of Madho Ram-Hardeo Dass at Calcutta and under the name of Madho-Ram-Budh Sing in Delhi. He was also a large shareholder in the Company. Raghumal died in September 1926, and appellants 1 to 5 (appellant 3 being since deceased) are his legal represen























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