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1951 Supreme(Bom) 61

M.C.CHAGLA, S.R.TANDOLKAR
Abdul Majid Haji Mahomed – Appellant
Versus
P. R. Nayak – Respondent


Judgment

Chagla, C.J.

1. This appeal arises out of a petition filed to challenge certain orders passed by the Custodian of Evacuee Property. The facts briefly stated leading up to the petition are that the second petitioner, which is a limited company, was incorporated on 14th July 1933, as a private limited company with a share capital divided into 44,149 shares. The number of share-holders was 35 and the first petitioner is a share holder of this limited company with a holding of 2,715 shares. On 7-10-1949 two notifications were issued by the Deputy Custodian of Bombay, one under Section 4 (2) of Bombay Act XXIV [24] of 1949 vesting the property of the second petitioner company in the Custodian, and the second notification under Section 6(1) of 6he same Act dealing with the possession and control of that property. On 14th October 1949, two notifications were issued by the Deputy Custodian of Evacuee Property of Thana, one again under Section 4 (2) and the other under Section 6 (1) also relating to the property of the second petitioner. On 6th December 1949, the second petitioner appealed to the Additional Custodian under Section 24 of Ordinance No. XXVII [27] of 1949 which had repl























































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