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1939 Supreme(Mad) 339

BURN
Rowthmall Neopani through their representative Ladhuram Purohit – Appellant
Versus
Nagarmall Madan Gopal represented by Prahalada Rai Kadia – Respondent


JUDGMENT

Burn, J.

1. These are appeals preferred from the orders passed by the learned District Judge of Guntur on I.A. No. 73 and I.A. No. 85 of 1939 in O.P. No. 266 of 1936 on the file of the High Court, Madras. The original petition was for the winding up of the Guntur Cotton, Jute and Paper Mills Co., Ltd., and it was filed in the High Court on the 2nd October, 1936, and the winding up order was passed on the 17th December, 1936. The subsequent proceedings in liquidation were transferred to the District Court, Guntur.

2. It is not necessary, I think, to state again in detail all the facts which have been fully set forth in the order of the learned District Judge. Put quite briefly the position is as follows. On the 15th February, 1938, the District Judge gave permission to the Official Liquidator to sell the entire property belonging to the Guntur Cotton, Jute and Paper Mills Company Ltd. The permission was coupled with a condition that the sale should be for not less than Rs. 80,000. On the 19th January, 1939, the Official Liquidator entered into a contract of sale of the properties to one Rowthmall Neopani for Rs. 95,000 (Ex. IX). On the 23rd January, 1939, the District Judge ap




















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