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1960 Supreme(Cal) 234

S.C.LAHIRI, H.K.BOSE
SARKAR ESTATES (PRIVATE) LTD. – Appellant
Versus
KUSUMIKA IRON WORKS (PRIVATE) LTD. – Respondent


Advocates Appeared:
P.K.Sen, RATHIN NAG, SOMNATH CHATTERJI, SUBIMAL ROY, SUBRATA ROY CHAUDHURI

BOSE, J.

( 1 ) THIS is an appeal from an order of U. C. Law, J. , dated March 4, 1960, directing the winding up of the appellant company. The appellant company was incorporated under the Indian Companies Act, 1913, on May 30, 1945. The Registered Office of the company is at 34a-B Sashi Bhusan Dey Street, Calcutta. The authorised capital of the company is Rs. . 10,00,000/- divided into 8,000 shares of Rs. 125/- each and the issued and paid up capital of the company is Rs. 1,000/-divided into 8 shares of Rs. 125/- each. It appears that under instructions from the appellant company the respondent company undertook certain constructional work in respect of premises Nos. 167c and 167/1 Bowbazar Street, Calcutta, and disputes and differences having arisen between the parties, the respondent company instituted a suit in this Court being Suit No. 3983 of 1948 against the appellant company for realisation of the sum of Rs. 85,902-15-0 for work done and materials supplied. On August 22, 1958' a decree was passed against the appellant company for Rs. 62,712-15-0 after giving credit for the value of certain raw materials which remained in the possession of the respondent company. On March 14,





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