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1956 Supreme(All) 94

AGARWALA, UPADHYA
RAMESHWAR NATH – Appellant
Versus
UTTAR PRADESH UNION BANK LTD. – Respondent


Advocates Appeared:
B.DAYAL, D.Sanyal, G.Kumar, H.C.Kapoor, J.Swarup, S.D.Agarwala

AGARWALA, J.

( 1 ) THIS is an appeal against an order of the learned Company Judge in proceedings arising during the course of liquidation of the U. P. Union Bank Ltd. This Bank prior to its liquidation had rented a building belonging to the appellant in the city of Agra at a monthly rent of Rs. 325/plus rs. 10/- as house water tax. A portion of the demised premises was let out by the Bank to the proprietor of a hotel called the Man Mohan Hotel and the rest was occupied by the Bank itself and some of its officials also resided in the premises. The rent was not paid regularly and the appellant brought a suit No. 810 of 1949, in the Court of munsif at Agra on 3-9-1949 for the recovery of rent for the months of July, August and september 1949 and on 5-9-1949 obtained an order of attachment before judgment of the furniture etc. belonging to the Bank and the same was by the consent of parties kept locked in the Banking Hall of the premises under the seal of the Court. On a petition presented on 30-9-1949, the Bank was wound up by an order dated 16-12-1949 and official Liquidators were appointed. On 2-12-1949, a decree was passed in favour of the appellant for arrears of rent for the mon



























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