( 1 ) THE petitioner is a registered firm (hereinafter referred to as the 'firm'), carrying on business under the name and style of Ruttonjee and Co. Its partners are Hirjoo Ruttonjee Bhesania. Feroze Mancherchaw Bhesania. The opposite party No. 4 is a limited company (hereinafter referred to as the 'company'), of which the partners of the firm are also directors amongst others. The company is carrying on its business under the name Ruttonjee and Co. Ltd. The firm whose original business was sale of liquors, alleges that in 1957, it applied to the proper authority for permission to start a brewery in West Bengal, and obtained such permission from the State of West Bengal (O/p. No. 1), and also obtained the permission of the Government of India for the establishment of a new industrial undertaking for the manufacture of beer. In 1959 however, before the brewery was established, the partners of the firm decided to promote a limited company to assist the firm in the financing and implementation of the project of establishing and working the said brewery. The company was accordingly incorporated in 1960, including the two partners of the firm in its Board of Directors.

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