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1953 Supreme(Mad) 318

RAMASWAMI GOUNDER
The Andhra Bank, Ltd. – Appellant
Versus
Bhimavaram D. P. Narayana Rao, Provisional Liquidator, The Godavari Sugars and Refineries, Ltd. – Respondent


Advocates:
P. Somasundaram and P. Suryanarayana for Applicants.
V. C. Gopalratnam, A.R. Krishnaswami and K.R. Vepa for Respondents.

Order:

This is an application filed by the Andhra Bank, Ltd., for an order validating the charge created in their favour by the company, namely, the Godavari Sugars and Refineries, Ltd., through its Managing Agents, in respect of 224 bags of sugar and 21 bales of gunnies on 24th April, 1952. The petition for the winding up of the said company was filed on 14th March, 1952. Application No.1628 of 1952 was also filed for the appointment of a provisional liquidator. On that application, notice was given to the company and the learned Counsel who appeared for the company stated that it could not possibly oppose the winding up. That being so, the Court thought that it was a fit case for the appointment of a provisional liquidator; and accordingly, a provisional liquidator was appointed on that application by an order dated 18th April, 1952. It may be mentioned chat the company was ordered to be wound up in O.P.No.112 of 1952 on 29th September, 1952. After the appointment of the provisional liquidator on 18th April, 1952 and prior to the order of winding up, the applicant Bank is said to have advanced a sum of Rs.21,000 to the company. This company was under the management of Managing Age


















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