( 1 ) THIS appeal is from the judgment and order of Datta. J. dated 23 April. 1968.

( 2 ) THE order was made on the summons dated 4 September 1967 taken out by Jagannath Gupta and Company Private Ltd. . inter alia for the orders first. that the respondent Mulchand Gupta the petitioner in Company Petition No. 158 be restrained from taking by himself. his servant and agents or otherwise any further proceedings upon the said petition whether by advertising the same or otherwise. secondly. that the said petition be removed from the file of the proceedings and thirdly for payment of costs.

( 3 ) IN support of the summons there is an affidavit of Bidya Bhusan Gupta affirmed on 4 September 1967.

( 4 ) MULCHAND Gupta who preferred the Company Petition No. 158 of 967 filed an affidavit in opposition affirmed on 13 November 1967. Bidya Bhusan Gupta filed an affidavit in reply affirmed on 20 November 1967. There are further affidavits of Mulchand Gupta affirmed on 27 March 1968 and of Bidya Bhusan Gupta affirmed on 20 April 1968.

( 5 ) BIDYA Bhusan Gupta stated in his affidavit in support of the summons that the company from its inception carried on business in manganese. and iron-ore and

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