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1958 Supreme(Bom) 74

M.C.CHAGLA, S.T.DESAI
Western India Theatres Ltd – Appellant
Versus
Ishwarbhai Somabhai Patel – Respondent


JUDGMENT - CHAGLA, C. J. :

This litigation has had a checkered history and has gone through many vicissitudes and we were hoping that its history would come to an end and it would have no more vicissitudes. Unfortunately, the litigation is destined for still more checkered history and to go through some more vicissitudes.

(2) This is an appeal from an order passed by Mr. Justice Shelat under Rule 751 of the High Court Rules, directing that the petition should be advertised. The petition for winding up the appellant! company was filed on the 9th November 1955 and my brother S. T. Desai ordered on the 3rd July 1956 that it should be advertised. There was an appeal against his decision and on the 20th July 1956 the appellate Court set aside that order and remanded the matter to the learned Judge. On the 16th August 1956 the matter came before the learned Judge when the petitioners applied to withdraw from the petition. Applications were made before him for substitution and those applications were dismissed and ultimately the petition was dismissed. There was an appeal against that decision and on the 1st March 1957 the appellate Court set aside the order of dismissal, substituted one Mu






















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