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1959 Supreme(Cal) 38

P.B.MUKHARJI
DARJEELING BANK LTD. – Appellant
Versus
STATE – Respondent


P. B. MUKHARJI, J.

( 1 ) SOME of the contributories in this case belonging to the Sonepur Raj family are objecting to this call being made upon them. Necessary applications have been made by them for setting aside the order settling the list of contributories on the 7th September, 1955 and the order of the 5th June, 1956 granting leave to the liquidator to make calls and for rectification of the share register by deleting their names from the register. Their main contention is that they were not shareholders at the time this Banking Company was wound up and the share register showing them as share-holders is incorrect and should be rectified.

( 2 ) THE facts are not disputed. These shares were sold by the Maharaja of Sonepur and his family as early as 20th November, 1945. The copies of the sold notes are annexed with the records. The fact of sale cannot really be disputed. In fact, on the 20th December, 1945, the bank itself wrote stating that it had received the relative receipts for allotment money for registration of these shares in the name of Kumar Pinaki Bhusan Deo Rai of Naldanga. This shows that the transferee had lodged these relative receipts with the bank and that is w






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