Ray, J. - (1.) This appeal is from the judgment and order of Datta, J., dated 23rd April 1908.
(2.) The order was made on the summons dated 4th September 19(37 taken out by Jagannath Gupta and Co. Private Ltd. inter alia for the orders first, that the respondent Mule-hand Gupta the petitioner in Company Petition No. 158 be restrained from taking by himself his servant and agents or otherwise any further proceeding upon the said petition whether by advertising the same or otherwise, secondly, that the said petition be removed from the file of the proceedings and thirdly, for payment of costs.
(3.) In support of the summons there is an affidavit of Bidya Bhusan Gupta affirmed on 4th September 19G7.;