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1955 Supreme(P&H) 30

BHANDARI, BISHAN NARAIN
Dalmia Jain Airways Ltd. , Delhi – Appellant
Versus
Union Of India – Respondent


Judgment

Bishan Narain, J.

1. This is an application under Arts. 132, 133 and 134 of the Constitution of India for leave to appeal to the Supreme Court.

2. The circumstances in which this petition has been made may be stated briefly. The Registrar, Joint Stock Companies on receipt of a complaint in November 1951 relating to affairs of Dal-mia Jain Airways Ltd., started proceedings under Section 137(6) Indian Companies Act and as he was dissatisfied with the explanation given by the Company, he reported the matter to the State Government under Section 137(5). The Government appointed Messrs. S. P. Chopra and Company to investigate into the affairs of the Company under Section 138(4) in June 1952. In the meeting held on 13-6-1952 the Company resolved by a special resolution that it be wound up voluntarily and appointed Shrl C. P. Lal, Advocate to act as a voluntary liquidator, who immediately wrote to the Registrar requiring him to drop the proceedings started by him under Section 137 on the ground that proceedings after voluntary liquidation could be taken only Section 237 of the Act and Section 137 becomes wholly inapplicable "to such a Company, but this request of the voluntary liq















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