TEK CHAND
First National Bank Ltd. (In Liqn. ) – Appellant
Versus
Seth Sant Lal – Respondent
Tek Chand, J.
1. These are three applications (Case No. 83 in Civil Original No. 48 of 1954, Case No. 84 in Civil Original No. 48 of 1954 and Case No. 87 in Civil Original No. 48 of 1954) involving a common question of law and may be disposed of by one judgment.
2. The undisputed facts of these cases are that the respective petitioners were past share-holders of the First National Bank, Limited, in liquidation, whose respective shares of Rs. 100/- each were partly paid up to the extent of 75 per cent. The Bank at first submitted a scheme of arrangement in this court and on 19-4-1948, that scheme was sanctioned. In accordance with the scheme a call of Rs. 12/8/-per share was made on 15-10-1948 and a notice of the call was sent to the respondents which was followed by two reminders. A second call of Rs. 12/8/- was made on 24-3-1953 and a notice of this call was sent to the respondents by registered post.
On the above calls, the respondents did not make any payment. On 22-9-l953, a notice was sent by registered post, informing each respondent that the shares would be forfeited if the amount was not paid by 10-10-1953. On 24-3-1954 the Directors passed a resolution forfeiting t
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