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1953 Supreme(Bom) 23

M.C.CHAGLA, J.C.SHAH
Narandas Munmohandas and Ors. – Appellant
Versus
The Indian Manufacturing Co. Ltd. – Respondent


JUDGMENT - Chagla, C.J.

1. This is an appeal against the Judgment of Desai J. and the appeal involves a very short question as to the construction of Section 30(2), Companies Act, and the construction becomes necessary under circumstances which we will presently relate. Plaintiff No. 1 is the father of plaintiffs Nos. 2 and 3 and they filed a suit for a declaration that certain shares which they held in the first defendant company were not subject to the lien of the company and that the company was not entitled to enforce a lien against these shares. The shares with which we are concerned are five shares registered faintly in the names of plaintiffs 1 and 2, 44 shares registered jointly in the names of the three plaintiffs, and three half shares also registered jointly in the names of the three plaintiffs. The plaintiffs also had one share jointly with Bal Harkuverbai, the wife of plaintiff 1, and with regard to this share the question arises because of the counterclaim to which a reference will be presently made. The first defendant company filed its written statement and also a counterclaim, and in the counterclaim they made Harkuverbai also a defendant they claimed by the coun




















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