ANAND BEHARI LAL Vs. DINSHAW AND CO

JUDGEMENT

(1.) THE present appeal arises out of an application by the present appellant for permission to proceed in the liquidation under Section 171 of the Indian Companies Act, 1913, with an application in which he or his predecessor applied to have his name substituted for that of the respondent bank in a preliminary mortgage decree.

(2.) THE whole warrant for that application was based on an assignment alleged to have been made by the respondent bank in favour of the appellant prior to the date of liquidation. That document, on the face of it, shows that it was not signed by any director or official of the bank. It shows, further, as far as one can see, no signature on behalf of the bank.

(3.) SIR Herbert Cunliffe on behalf of the appellant sought to raise another issue. The issue as their Lordships understand it is based on ratification or estoppel. Both these issues are questions of fact which were not in issue at the trial, and are raised for the first time before their Lordships. It is too late to raise any such question at this stage.