P.V.RAJAMANNAR, VISWANATHA SASTRI
Official Liquidator, Andhra Paper Mills Company Limited – Appellant
Versus
Anand Brothers – Respondent
RAJAMANNAR, C.J.
The Andhra Paper Mills Co. Ltd., a limited company incorporated under the Indian Companies Act, was directed to be wound up by an order of this Court made on the 23rd September, 1947, and one Mr. Price was appointed Official Liquidator. The Official Liquidator on behalf of the company in liquidation filed a suit, after obtaining the leave of court, for the recovery of a sum of Rs. 2, 74, 734-15-6 with further interest from the date of suit from Anand Brothers, a firm carrying on business in Madras. The suit was instituted under the provisions of Order VII of the Original Side Rules. The defendant firm was the sole selling agent of the plaintiff company dated 8th February, 1947, this agency of the defendant was terminated. The amount claimed in the suit is made up of Rs. 2, 39, 354-15-6 the balance alleged to be due from the defendant to the plaintiff company in respect of the value of stocks of paper delivered to the defendant from time to time and interest at six per cent. per annum from the date of the termination of the agency, namely 8th February, 1947. As the suit had been filed under Order VII of the Original Side Rules, the defendant took out an a
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