Satish Chandra, J. - (1.) This appeal has been preferred by defendant No. 2 in a suit pending before the learned Company Judge filed by the Union of India against the Jwala Bank Ltd. (in liquidation) and the appellant. The appeal is directed against an order deciding issue No. 8 as preliminary issue only.
(2.) Issue No. 8, which has been decided by the learned Company Judge was - "Whether the permission granted to the plaintiff under Sec. 446 of the Companies Act to file the suit is bad in law" ?
(3.) It appears that on 22nd July, 1968, the Union of India filed an application purporting to be under Sec. 446 of the Companies Act, 1956, for leave to file a suit against the Jwala Bank Ltd., (in liquidation). Along with the application the Union of India filed a copy of the plaint proposed to be filed. In it the present appellant was arrayed as defendant No. 2 in addition to the Jwala Bank Ltd., (in liquidation). On 30th January, 1970, the learned Company Judge granted the requisite permission to file a suit by 27th March, 1970. Soon after the Union of India filed a suit in the High Court. The present appellant filed a written statement, in paragraph 28 whereof he took the plea that the permission granted to the plaintiff was bad in law, principally on the ground that he was vitally interested in the question of the grant of leave, but neither he was served with notice of the proceedings nor was he heard.;