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1961 Supreme(Cal) 175

S.P.MITRA
J. SEN GUPTA PRIVATE LTD. , (IN LIQUIDATION) – Appellant
Versus
STATE – Respondent


S. P. MITRA, J.

( 1 ) THIS is an application for an order that the sale of a truck by the Company, now in liquidation, to the applicant be declared valid and binding on the Official Liquidator. Briefly, the facts are that on the 10th September, 1958 there was a resolution of the Board of Directors of the Company authorising the sale of some of its assets. Then on September 15, 1958, a creditor's petition for winding up of the Company was presented. The applicant on the 3rd October, 1958 purchased from the Company, Motor Truck No. WBL 1614 for the sum of Rs. 11,000/- and obtained possession thereof. On the same date the Company wrote a letter to the Director of Public Vehicles Department, Calcutta, informing him of the sale. On the 21st October, 1958 the applicant applied to this department for registration of his name as the owner of the truck. On the 2nd, 4th and 13th December, 1958 advertisements came out in the newspapers of the winding up petition. The order for winding up was made by this Court on the 5th January, 1959. Then on May 15, 1959 on the advice of the Public Vehicles Department the applicant wrote to the Official Liquidator for verification of his papers. On the 20t













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