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1954 Supreme(Nagpur) 4

MUDHOLKAR, DEO
BASTAR TRANSPORT AND TRADING CO , JAGDALPUR – Appellant
Versus
COURT OF WARDS, BASTAR – Respondent


Advocates Appeared:
M L Shriwastav, M N Phadhe, S P Kotwal, Advocates

JUDGMENT

1. This is an appeal under S. 202, Companies Art. against the order allowing amendment of the petition for wincing up.

2. The facts are: The appellant No. 2 and the respondents Maharaja Pravirchandra Bhanj Deo and Shri Shyam Sunder Deo were the only three share-holders of the private limited company Shri Bastar Transport and Trading Company, Limited, who is appellant No. 1. This Company was registered on 29-11-1949. On 25-7-1952 the respondents filed a petition for winding up the Company under S. 162, Companies Act, impleading the appellant No. 2 as respondent. The Company was not shown as a respondent in the petition though in the cause title it was stated "In the matter of the Bastar Transport and Trading Company Limited and in the matter of the Indian Companies Act, VII of 1913. The District Judge appointed "ex parte' a provisional liquidator.

3. In response to a notice of the petition served on the Company on 30-7-1952, it appeared on 9-3-1052 through the appellant No. 2 and complained about the notice which was apparently in form No. 6 i.e. a notice to respondent under O. 41, R. 14. Civil P. C, of the date fixed for hearing AN appeal. The Company further submitted that n












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