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1964 Supreme(Cal) 81

B.C.Mitra
Clive Mills Co. Ltd. – Appellant
Versus
State – Respondent


Advocates Appeared:
B.K. Choudhry, B.N. Sen, D.P. Bajoria, N. De, R.C. Deb, R.P. Bajoria, S.C. Deb, S.C. Sen, S.M. Bose, S.P. Bajoria, Sisir Kumar Mukherjee, Subroto Mukherjee, Tapas Banerjee, Tribeni Debi

Judgment

1. THIS is an application under sections 397, 398 and 186 of the Companies Act, 1956 (hereinafter referred to as the Act. Both the petitioner and the Clive Mills Co. Ltd. (hereinafter referred to as the Company) are public Companies incorporated under the Indian Companies Act, 1913. The petitioner is a holding Company, its main object being to acquire and hold shares, stocks, debentures, bonds etc. in other Companies. The dispute, out of which this application has arisen, is a dispute between the step mother and the step sons. The petition is supported by Sm. Tribeni, Debi, the respondent No. 7. Sambhu prosad Bajoria, Dwarka Prosad Bajoria and Radhebehari Bajoria, the respondent Nos. 2, 3 and 6 are the step sons of Sm. Tribeni Debi. The application is opposed by the Company which is the respondent No. 1, though no affidavit has been filed on its behalf. Sourendra Mohon Basu, the respondent no. 5, is also opposing this application, though no affidavit in opposition has been filed by him.

2. THE petitioner was the Managing Agent of the company from 1949 up to October 19, 1959. It claims to be the holder of 1,63,9581/2 equity shares in the capital of the company which are regi












































































































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