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1964 Supreme(Cal) 13

H.K.BOSE, G.K.MITTER
Vidyasagar Cotton Mills – Appellant
Versus
Nazmunnessa Begum – Respondent


Advocates:
Samiran Sen and S.B. Mukherji, for Applicant; Sambhu Ghosh, for Respondent.

Judgement

BOSE, C.J. :- This is an application for a certificate under Art. 133(1) of the Constitution in respect of a decision of a Division Bench of this Court dated the 18th July, 1963 dismissing an appeal preferred against an order of the learned Company Judge directing rectification of the Share Register of the appellant company dated the 8th September, 1961.

2. The petitioner Vidyasagar Cotton Mills Ltd. was incorporated in or about the year 1932 under the Indian Companies Act and it has its registered office at Sodepur in the District of 24 Parganas in West Bengal. The authorised capital of the company is Rs. 25,00,000/- divided into five thousand - seven per cent Cumulative Preference Shares of Rs. 100/- each and two lakhs Ordinary Shares of Rs. 10/- each. The subscribed capital of the Company is Rs. 8,18,570/-. At all material times the Company has been managed by its Managing Agents - United Commercial Agency Private Ltd. One Mohammad Bashir was the holder of 11,825 fully paid-up Ordinary Shares and 591 fully paid-up Cumulative Preference shares of the Company and he was registered as such in the books of the Company. Mohammad Bashir died intestate on the 11th March 1960 le























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