BANGESWARI COTTON MILLS LTD Vs. DHANRAJMAL GOVINDRAM

JUDGEMENT

(1.) On the application of respondent No. 1 (hereinafter referred to as the petitioning creditor), Datta J. made an order, dated June 24, 1966, for the winding-up of the applicant-company, Bangeswari Cotton Mills Ltd., under the provisions of the Companies Act.

(2.) The applicant states that on June 29, 1966 (not June 24, 1966, as wrongly stated in paragraph 21 of the petition), the court clerk of the applicant's then solicitor, Messrs. T. C. Roy and Co., applied for certified copy of the judgment as well as of the order. He did not, however, at that time, put in the requisition for the completion of the order under the mistaken belief, as the court clerk said, that the solicitor for the petitioning creditor must have put in the requisition. On August 5, 1966, the said court clerk made enquiries about certified copies and came to learn that nobody having had made any requisition for the drawing up of the order the same was not drawn up and as such certified copies were not ready. The court clerk of Messrs. T.C. Roy and Co. has filed a supporting affidavit in corroboration of the above , atement by the applicant.

(3.) The applicant-company obtained a change of attorney in the meantime and their new solicitor put in a requisition for the drawing up of the order, on August 10, 1966, with the leave of the court.