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1968 Supreme(Cal) 221

A.N.SEN
UNITY COMPANY PRIVATE LTD. – Appellant
Versus
DIAMOND SUGAR MILLS – Respondent


Advocates Appeared:
B.N.SEN, DIPAK BASU, P.N.CHATTERJI, P.P.GINWALA, R.Tulshyan, S.BANERJEE, S.C.SEN, S.K.ROY CHAUDHARY, S.Tibrewala, SANKAR GHOSH, SUBIMAL C.ROY

A. N. SEN, J.

( 1 ) UNITY Company Private Ltd. , the plaintiff herein (hereinafter referred to as the plaintiff or the plaintiff company) was the owner and registered holder of 25,000 shares of Diamond Sugar Mills Ltd. , the defendant No. 1 (hereinafter referred to as the defendant company ). The said shares are fully paid up and, the shares are of the face value of Rs. 10/- per share. The defendant company claimed a lien over the said shares owned by the plaintiff company in respect of a debt of the plaintiff company to the defendant company and in exercise of the said lien the defendant company had sold the shares to other parties who happen to be and/or are represented by the other defendants in this suit. In this suit the plaintiff company challenges the validity of the sale of the plaintiff's said shares by the defendant company. The plaintiff had originally instituted this suit against the defendant company. By subsequent amendment of the plaint the other defendants who are the purchasers of the said 25,000 shares and the present registered holders thereof have been impleaded and brought on record in this suit. One of the original defendants Pannalal Beriwal who was the purc















































































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