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1949 Supreme(Nagpur) 111

BOSE, MANGALMOORTI
JAGANNATH SARAN – Appellant
Versus
S N LOKRAS – Respondent


Advocates Appeared:
A V Khare, B R Mandlekar, S B Sen, S P Kotval, Advocates

JUDGMENT

1. This is an appeal by J. Saran, a contributory and creditor of the R.S. Hiralal Varma and Company now in course of liquidation.

2. On 2-7-1943 the liquidator swore an affidavit and filed a list of claims and debts as required by Rules 338A, 102 of the Rules and Orders (Civil) issued by the High Court, and sought an appointment from the Court. Among the claims he listed were the following:

No. 2. Sobhagmal .... Rs. 10,019-7-0

No. 8. Ahsan Hussain Abdulali .... 1,35,500-0-0

No. 15. Hasanali Abdulali .... 1,50,000-0-0

No. 19 Sobharamsingh .... 3,025-6-6

These four claims total Rs. 2,98,544-13-6.

3. Thereupon Saran made an application to the Court on 17-7-1943 objecting to the above four claims. The application was rejected by the Court on 2-11-1944 on the ground that Saran had no locus standi to apply and therefore his objections could not be considered. The appeal is against this order.

4. First of all we have to see whether Saran has a right of appeal as that was contested. In our opinion he has. The right is conferred by Section 202, Companies Act, which runs:

...appeals from any order or decision made or given in the matter of the winding up of a company by the Court may be had i














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