R.S.Bachawat, J. - (1.) The point for determination in this appeal is whether a right to sue for damages for breach of contract appertaining to the business of the transferor company is transferred by a vesting order under Section 153A of the Indian Companies Act, 1913. On 6-9-51 Albion Jute Mills Co. Ltd., instituted a suit against the respondent claiming damages for breach of contract to carry certain bales of Jute safely. The plaint alleges that the defendant carrier returned the goods to the plaintiff in a damaged and deteriorated condition and that the plaintiff thereby suffered damages.
(2.) On 6-12-1955, S. R. Das Gupta, J., sanctioned a scheme of amalgamation of Albion Jute Mills Co. Ltd., and Lothian Jute Mills Co. Ltd., with New Central Jute Mills Co. Ltd. The learned Judge also ordered that (a) the whole of the undertaking and property and all the assets and liabilities of Albion Jute Mills Co. Ltd., and Lothian Jute Mills Co. Ltd., as mentioned in the Scheme of Amalgamation be transferred to and do vest in New Central Mills Co. Ltd.; (b) that suits or other legal proceedings, if pending in this Court or in any other Court by or against Albion Jute Mills Co. Ltd., and Lothian Jute Mills Co. Ltd., be continued by or against New Central Jute Mills Co. Ltd.; (c) that Albion Jute Mills Co. Ltd., & Lothian Jute Mills Co. Ltd., do stand dissolved without being wound-up. This order was made under Section 153A read with Section 153 of the Indian Companies Act, 1913.
(3.) On 17-5-1957 New Central Jute Mills Co. Ltd., applied for an order that its name be brought on record as plaintiff in the suit in place and stead of the Albion Jute Mills Co. Ltd., on the strength of the order dated 6-12-1955. Bose, J., dismissed this application. He held that all that was purported to be transferred to the applicant was the right to sue for damages for breach of contract and nothing else and that the transfer could not take effect in view of Section 6(e) of the Transfer of Property Act and having regard to the decision in Nokes v. Doncaster Amalgamated Collieries, Ltd., (1940) AC 1014. The applicant has preferred this appeal from that order.;