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1984 Supreme(MP) 520

G.L.OZA, C.P.SEN, B.M.LAL
BALKRISHNA DAS – Appellant
Versus
PERFECT POTTERY CO. LTD. – Respondent


Advocates Appeared:
A.M.MATHUR, M.M.Sapre, R.P.Verma, Y.S.DHARMADHIKARI

OZA, A. C. J.

( 1 ) THE three appeals Nos. 4, 5 and 7, all of 1983, arise out of a composite order passed by Company Judge Hon'ble Shri Justice J. S. Verma, by his order dated 3rd Oct. 1983 in Company Petition No. 5 of 1981. This order disposes of a prayer under S. 397 of the Companies Act and Ss. 398 and 155 of the Companies Act. The prayer under S. 397 was rejected and against this the present appeal is No. 4 of 1983. Prayer under S. 398 has been partly allowed and, therefore, appeal No. 7 of 1983 is preferred against that part of the order and as the prayer under S. 155 was rejected, an appeal is preferred which is appeal No. 5 of 1983.

( 2 ) IN all these three appeals the question of maintainability of the appeals arises in view of the abolition of Letters Patent Appeals in Cl. 10 by the Madhya Pradesh Uchcha Nyayalaya (Letters Patent Appeals Samapti) Adhiniyam, 1981, passed by the State Legislature and which received the assent of the President on 21st June 1981. At the time of hearing on the question of maintainability of the appeals, a question was raised that the Letters Patent Appeals which were provided in Cl. 10 of the Letters Patent of the Nagpur High Court have been ab





































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