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1953 Supreme(Mad) 384

P.V.RAJAMANNAR, RAJAGOPALA AYYANGAR
The Karnatak Vegetable Oils and Refineries, Ltd. – Appellant
Versus
The Madras Industrial Investment Corporation, Ltd. , by its secretary – Respondent


Advocates:
C. Venugopalachari and M.V. Ganapathi for Appellant.
C.R. Pattabhiraman, R. Ramasubbu Ayyar and A, D. Sitharaman for Respondents.

Rajamannar, C.J.-

This is an appeal against the judgment and order of Panchapakesa Ayyar, J., directing the winding up of a company called the Karnataka Vegetable Oils and Refineries, Ltd. The company is the appellant. It was incorporated under the Indian Companies Act as a public limited company. Its authorised capital is Rs.20 lakhs, out of which a capital of Rs.10,13,519 was paid up. The registered office of the company is at Hagari Bommanahalli, Bellary District. The respondent who was the petitioning creditor is the Madras Industrial Investment Corporation, Ltd. The company borrowed from the respondent a sum of Rs.6,50,000 and secured the said sum by a mortgage, dated 24th October, 1950. The hypotheca included lands situated at Hospet in the Bellary district and the engines, machinery, plant and factories belonging to the company and which might be erected at anytime during the continuance of the mortgage. The principal amount was repayable in 16 equal annual instalments, the first of such instalments to be paid on 30th June, 1953. Interest was payable at the rate of 6½ per cent. twice each year on the 15th June and 15th December. If the interest was paid regularly, there was p


















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