R. S. BACHAWAT, J.

( 1 ) THE point for determination in this appeal is whether a right to sue for damages for breach of contract appertaining to the business of the transferor company is transferred by a vesting order under Section 153a of the Indian Companies Act, 1913. On 6-9-51 Albion Jute Mills Co. Ltd. , instituted a suit against the respondent claiming damages for breach of contract to carry certain bales of Jute safely. The plaint alleges that the defendant carrier returned the goods to the plaintiff in a damaged and deteriorated condition and that the plaintiff thereby suffered damages.

( 2 ) ON 6-12-1955, S. R. Das Gupta, J. , sanctioned a scheme of amalgamation of Albion Jute Mills Co. Ltd. , and Lothian Jute Mills Co. Ltd. , with New Central Jute Mills Co. Ltd. The learned Judge also ordered that (a) the whole of the undertaking and property and all the assets and liabilities of Albion Jute Mills Co. Ltd. , and Lothian Jute Mills Co. Ltd. , as mentioned in the Scheme of Amalgamation be transferred to and do vest in New Central Mills Co. Ltd. ; (b) that suits or other legal proceedings, if pending in this Court or in any other Court by or against Albion Jute Mills Co. L

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