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. Ltd. , and Lothian Jute Mills Co. Ltd. , be continued by or against New Central Jute Mills Co. Ltd. ; (c) that Albion Jute Mills Co. Ltd. , and Lothian Jute Mills Co. Ltd. , do stand dissolved without being wound-up. This order was made under Section 153a read with Section 153 of the Indian Companies Act, 1913.

( 3 ) ON 17-5-1957 New Central Jute Mills Co. Ltd. , applied for an order that its name be brought on record as plaintiff in the suit in place and stead of the Albion Jute Mills Co. Ltd. , on the strength of the order dated 6-12-1955. Bose, J. , dismissed this application. He held that all that was purported to be transferred to the applicant was the right to sue for damages for breach of contract and nothing else and that the transfer could not take effect in view of Section 6 (e) of the Transfer of Property Act and having regard to the decision in Nokes v. Doncaster Amalgamated Collieries, Ltd. , (1940) AC 1014. The applicant has preferred this appeal from that order.

( 4 ) THE vital words of Section 153a of the Indian Companies Act, 1913, are as follows: "*** the Court may, either by the order sanctioning the compromise or arrangement or by any subsequent order, make provision or all or any of the following matters : (a) the transfer to the transferee company of the whole or any part of the undertaking and of the property or liabilities of any transferor company; (c) the continuation by or against the transferee company of any legal proceedings pending by or against any transferor company; (d) the dissolution, without winding up, of any transferor company. (2) Where an order under this section provides for the transfer of property or liabilities, that property shall, by virtue of the order, be transferred to and vest in, and those liabilities shall, by virtue of the order, be transferred to and become the liabilities of, the transferee company, and in the case of any property, in the order so directs, freed from any charge which is by virtue of the compromise or arrangement to cease to have effect. In this section the expression 'property' includes property, rights and powers of every description, and the expression 'liabilities' includes duties.

( 5 ) THE right to sue for damages for breach oft contract is within the wide definition of 'property' in Section 153a (4 ). The claim for damages for breach of contract to carry the bales of jute appertains to the undertaking of Albion Jute Mills Co. Ltd. , and passes with the undertaking.

( 6 ) THE argument that the transfer infringes the provisions of Section 6 (e) of the Transfer of Property Act overlooks the plain words of Section 153a of the Indian Companies Act, 1913. The transfer takes place by virtue of the vesting order without any further act or deed. The antecedent scheme of amalgama

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