- (1.) BACKDROP Nischintapur Tea Company Limited was a closely held company having a tea estate in North Bengal. The shares were held by Sen family of North Calcutta. In a proceeding under Section 397 of the Companies Act 1956 (hereinafter referred to as the said Act of 1956) the learned Single Judge by an order dated June 21, 1985 appearing at page 19 of the compilation appointed Special Officer for inspection and inventory of the books of accounts. The learned Judge also passed an interim order of status quo as of that date with regard to the shareholding of the company to be maintained until further orders. The petition was kept pending. We do not find any active step being taken wither by the petitioner or by the respondents until 2006. In 2007 Sens made an application for withdrawal of the proceedings being C.P. No.252 of 1985. The application was numbered as C.A. 302 of 2007. The applications stood dismissed vide order dated April 12, 2007 as appearing from page 121 of the compilation. This particular order created so much of confusion. The order states :- "It is submitted on behalf of the applicants that the matter need not be proceeded with. Company Application No.302 of 2007 is dismissed as not pressed."
(2.) Sens subsequently realized, mistake crept in as the prayer for withdrawal of the proceeding was not pressed and as such the main proceeding continued to be pending. They applied for correction by making C.A. No.53 of 2010 that was opposed by the appellant who already made an application being C.A. No.40 of 2010 for being added as party respondent in the Section 397 proceeding. JUDGEMENT_409_TLCAL0_2012_1.html
(3.) Nischintapur Tea Company Limited is a closely held company by Sens of North Calcutta. It has a tea estate in North Bengal. One Maidhan Das Agarwal was also owning a tea estate, next to the tea estate belonged to the company. Maidhan Das was also a share holder in the present company, so was his wife Sarboti Devi. Maidhan had three thousand eight hundred number of shares whereas Sarbati had one thousand nine hundred forty number of shares in the company. Maidhan and Sarboti had two sons and daughters namely Omprakesh and Ajit. Omprakash also acquired shares of the subject company having two thousand twenty-one number of shares. Ajit did not have any share of his own. He claimed share through Maidhan, Sarboti and Omprakash. JUDGEMENT_409_TLCAL0_2012_2.html;