- (1.) The Court : This is an application by the heir of one of the contributories of the company in liquidation.
(2.) All branches of the concerned Dutta family are represented and it is not in dispute that the genealogical table appearing at page 135 of the application is correct. It appears from such table that there were three shareholders in the company to start with: brothers Judhistir Dutta, Bubhuti Bhusan Dutta and Gangadhar Dutta. The applicant is the sole beneficiary under the Will of Judhistir Dutta, which has been duly probated. The applicant claims to be entitled to a third of the proceeds lying with the official liquidator upon the sale of some of the assets of the company in liquidation.
(3.) There appear to be no creditors of the company in liquidation or, at any rate, the creditors have not pursued any claim in recent times. Of the several properties held by the company in liquidation only one, at 14B, Amritalal Bose Street, Kolkata 700 005, remains unsold. It is submitted by some of the heirs of one of the contributories that another property at 235, Maharshi Devendra Road also remains unsold; but the heirs of the other contributories and the official liquidator claim that that is a thika property.;