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1946 Supreme(All) 190

MALIK
Gorakpur Electric Supply Co. Ltd. – Appellant
Versus
R. E. Nariman and Co. – Respondent


JUDGMENT

Malik, J. - This is a plaintiff's appeal. The plaintiff the Gorakhpur Electric Supply Co., Ltd., Gorakhpur, through the Official Liquidator, filed a suit in the Court of the Munsif of Gorakhpur for realisation of Rs. 2860-0-0. The defendants were a firm of general merchants, who had supplied to the company before the winding up certain lubricants and the price of the lubricants supplied was due to them. They filed a Suit No. 361 of 1932 for recovery of this amount. That suit was decreed by the learned Temporary Civil Judge of Gorakhpur. The defendants, who were the decree, holders, applied for execution of the decree and they realised the amount due to them under that decree between the dates 18th February 1935 and 5tS August 1935 by attachment of the bills for electric current consumed by certain third parties, which amount was payable by them to the plaintiff company.

2. Before the dates of these realisations, however, an application for winding up of the company was tiled in this Court on 31st August 1934. The winding-up order was made on 2nd September 1936. In the year 1989 on 3rd August, the Official Liquidator applied to the learned Company Judge for an order u/s 227 f

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