Sen, C.J. - (1.) This application has been made by one Mahabir Prasad Agarwalla claiming to be a contributory of Sonajuli Tea & Industries Ltd. (hereinafter referred to as the " appeltent company ") in an appeal preferred by the appellant-company against an order of winding up of the appellant-company passed by Roy Cbowdhury J., on the 13th of August, 1979, on an application made by Ashkaran Chatter Singh. The facts material for the purpose of this application may be noted.
(2.) The appellant-company used to run the Premchand Jute Mills Ltd. as lessee of the said mills. The Premchand Jute Mills Ltd. made an application for the winding-up of the appellant-company on the 14th of November, 1976, on the ground that the appellant-company was unable to pay the amount of rent due and payable by the appellant-company and the amount of rent claimed in the said petition being C. P. No. 387 of 1976 was Rs. 1,92,000 with interest. The said winding-up petition was finally disposed of by an order passed by A.K. Basu J. on February 17, 1977. The learned judge, by his order, directed the said company to deposit a sum of Rs. 1,00,000 in cash with M/s. Orr, Dignam & Co., who acted as the advocates on record for Premchand Jute Mills Ltd. in the said winding-up petition and the learned judge further directed that in the event of the said deposits being made, the winding-up petition would remain stayed permanently and the company would file a suit for the enforcement of its claim. '
(3.) It appears that Premchand Jute Mills Ltd. received a sum of Rs. 1,30,000 from the insurance company in respect of a claim made on behalf of the appellant-company and the said sum of Rs. 1,30,000 was paid in terms of the earlier order dated February 17, 1977, as modified by an order dated 11th March, 1977. Premchand Jute Mills Ltd. filed a suit against the appellant-company for the enforcement of its claim on the 16th of April, 1977. It appears that the appellant-company thereafter on the 17th October, 1977, filed a suit against Premchand Jute Mills Ltd. for recovery of about a crore of rupees on account of alleged loss sustained by the appellant-company, being Suit No. 676 of 1977.;