THE BATALA ENGINEERING CO. LTD. AND ORS. Vs. CUSTODIAN EVACUEE PROPERTY AND ORS.
HIGH COURT OF PUNJAB AND HARYANA
The Batala Engineering Co. Ltd. And Ors.
Custodian Evacuee Property And Ors.
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Kapur, J. -
(1.) THIS is a Petitioner for leave to appeal to the Supreme Court and is headed as being under Order 45, Rule 3, Code of Civil Procedure.
(2.) THE Batala Engineering Company Ltd. and Mohammad Mukhtar made an Appellant under Sections 162, 239 and 79, Companies Act praying that (a) an order for the compulsory winding up of the assets of the Company in India be passed; (b) meeting of the shareholders be called under Section 79 or section 239, Companies Act, 1913 to consider the agenda sot out in Annexure "A" to the Petitioner; and (c) such other order as this Court considered just and proper may be passed. The Petitioner was put up before Achhru Ram J. and by an order dated 21 -4 -1949 he referred the case for; hearing by a D.B. of this Court and it was then; heard by Achhru Ram J. and myself. Achhru Ram J, had framed several issues which were:
1. Whether the regd. office of the Company was validly changed from Batala to Lahore?
2. Whether the Muslim evacuee share -holders are not entitled to attend personally or by proxy general meeting of the Company or vote thereat or exercise other rights respect of shares held by them? If so, do the said right the vest in and are exercisable by the Custodian?
Whether Muslim share holders of the Company who were residents of the areas now comprised in Pakistan before partition are not entitled to attend personally or by proxy general meetings of the Company or vote thereat or exercise other rights in respect of the share held by them? If so, do the said rights vest in and are exercisable by the Custodian?
(3.) WHETHER any valid Board of Directors was constituted 17 -11 -1947, and has been functioning at Batala since then?
4a. If so, whether the acts of the said Board including the allotment of shares and registration of transfer share are invalid?;
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