AGRA ELECTRIC SUPPLY CO LTD Vs. NAGAR MAHAPALIKA
LAWS(CAL)-1976-11-15
HIGH COURT OF CALCUTTA
Decided on November 12,1976

AGRA ELECTRIC SUPPLY CO.LTD.(IN VOLUNTARY LIQUIDATION) Appellant
VERSUS
NAGAR MAHAPALIKA Respondents


Referred Judgements :-

CAMPBELL COVRINGS LTD. [REFERRED TO]
BHARAT TRADERS LTD. V. S.SADHU SINGH [REFERRED TO]
INDO ALLIED INDUSTRIES LTD VS. PUNJAB NATIONAL BANK LTD [REFERRED TO]
EASTERN COAL CO LTD VS. SUNIL KUMAR ROY [REFERRED TO]
VERNON LLOYD-OWEN VS. ALFRED E BULL [REFERRED TO]


JUDGEMENT

Salil K.Roy Chowdhury, J. - (1.)This is an application under Section 446 read with Section 518 of the Companies Act, 1956, for transfer of a suit from the Civil Judge, Agra, to this court being Miscellaneous Case No. 136 of 1975, filed by the petitioner against the respondent and also for injunction and other orders.
(2.)The admitted facts of this case are that the petitioner filed a suit against the respondent being Miscellaneous Case No. 136 of 1976 (Agra Electric Supply Co. Ltd. (in voluntary liquidation) v. Nagar Mahapalika, Agra) in the Civil Judges Court, Agra, inter alia, for the recovery of charge, for supplying electric energy in bulk being the amount of Rs. 5.43,386.56 together with interest thereon at the rate of 6 per cent. per annum and other costs.
(3.)The plaintiff-company after its undertaking was taken over by the U.P. State Electricity Board by purchase after the same was requisitioned by a letter dated the 4th of December, 1972, the company was paid a sum of Rs. 25,00,000 " as and on account" payment towards the purchase price. Thereafter, the company went into members' voluntary liquidation and the plaintiffs Nos. 2, 3 and 4, Saradindu Gupta, Mr. Alfray Geofray Matlay Twining and Anil Bandhu Bhattacharya, were appointed joint liquidators of the company for the purpose of winding up of the affairs and distributing the assets of the company with joint and several powers by a resolution dated the 16th of December, 1974, and thereafter, the suit was filed against the Nagar Mahapalika, Agra & Ors., for the recovery of the said amount due to the company. It is stated that the suit was filed hurriedly to save limitation, otherwise the claim would have been barred and now the present application is made for transferring the said suit from the Civil Judge's Court, Agra, to this court having regard to the fact that the company being voluntarily wound up and is in liquidation and, therefore, under Section 446 read with Section 518 of the Companies Act, 1956, the present application is made for transferring the said suit to this court to be tried and also on the ground of balance of convenience set out in the petition.
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