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1924 Supreme(Mad) 698

S.AIYANGAR
R. Sabapathy Rao – Appellant
Versus
Sabapathy Press Co. , Ltd. – Respondent


JUDGMENT

Charles Gordon Spencer, Officiating C.J.

1. This is an appeal in the matter of an application for the winding up of the Sabapathy Press Co., Ltd., Bellary, under Section 162 of the Indian Companies Act. The learned Judge who heard the petition admitted evidence both documentary and oral adduced by the petitioners, but he did not call upon the respondents to adduce any evidence, as he thought that no case had been made out for winding up the company. He made some observations to the effect that everything that had taken place in the companys proceedings might not be quite regular and proper and that the minority had some real grievances as proved by the evidence adduced by the petitioners. But he held that there was no ground made out under Section 162, Clause (6) for a winding up order, the other clauses of this section being not applicable to the case before him. Clause 6 provides that a company may be wound up if the Court is of opinion that it is just and equitable that the company should be wound up. In a recent case before the Privy Council Loch v. John Blackwood, Ltd. (1924) AC 783, it was held that the reasons for a Court considering it to be just and equitable that a


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