Tendolkar, J. - (1.)This is a suit filed by the Associated Banking Corporation of India Ltd. (in liquidation) by its liquidator to recover a sum of Rs. 11,078-13-0 with interest thereon being the amount equivalent to calls in arrears which had remained unpaid by the defendant. It appears that at all times material to the suit the defendant was a registered holder of 876 ordinary shares of the company. The board of directors of the company at their meeting held on 24th July, 1945, resolved to make a call of Rs. 25 per share payable in two instalments of Rs. 12-8-0 each on 5th Sept., 1945, and 5th Dec., 1945. By its letter dated 6th Aug., 1945, the plaintiff company gave notice to the defendant to pay the first instalment on or before the date fixed for payment and also informed him that in default interest at 6 per cent per annum would be charged. By another letter dated 6th Nov., 1945, the plaintiff company gave notice to the defendant for payment of the second instalment of Rs. 12-8-0 per share on or before the date fixed for payment and also intimated that interest at six per cent per annum would be charged in default.
(2.)The plaintiff company received an aggregate sum of Rs. 12,525 as call money payable on 501 ordinary shares the balance remaining payable being Rs. 9,375 in respect of the remaining 375 shares held by the defendant.
(3.)On 18th April, 1947, the official liquidator was appointed provisional liquidator of the company. Subsequently the company was ordered to be wound up by the Court and the official liquidator was confirmed as the liquidator of the company. The liquidator by his letter dated 9th July, 1948, called upon the defendant to pay the said sum of Rs. 9,375 together with interest thereon. The defendant failed and neglected to pay this amount. These were the only facts set out in the plaint when the suit reached hearing before me, with the result that the suit as framed was one by the company in liquidation by its liquidator for recovery of calls in arrears. When it was realised that such a suit was obviously governed by Art. 112 of the Limitation Act which prescribed three years as the period of limitation for a suit to recover a call the period commencing from the date when the call was payable, Mr. M. V. Desai for the plaintiffs applied for and obtained leave to amend the plaint by inserting para. 9A therein which sets out the fact that a list of contributories was settled by this Court, that the defendant objected to his name being placed on the list in respect of the 876 shares including the 375 shares in suit and that the chamber summons taken out by him in this connection was dismissed by this Court. The amendment further submits that the defendant has become liable as a contributory to pay the amount of the unpaid calls as a statutory liability which came into existence on the winding up order being made. Therefore after this amendment the suit is a suit by the liquidator no doubt in the name of the company in liquidation to enforce the liability of the defendant to pay an amount equivalent to the calls in arrears as a contributory under Sec. 156 of the Companies Act.