Kapur, J. - (1.) This is an appeal under Section 202 of the Indian Companies Act against an order passed by Mr. M. R. Bhatia, District. Judge, Ludbiana, dated the 30th November 1950.
(2.) On the application of Amrit Rai Sood one of the respondents in the present case, the Chitra Productions Ltd., was ordered to be wound up by this Court on the 20th December, 1948. In this application Amrit Rai Sood claimed to be a creditor of the company for over a lac and a half of rupees which was due to him on account of the balance "due under a financing agreement duly carried out and amount paid" by him. In spite of notice having been served in the usual manner there was no appearance for either the Company or anybody else and the Company was as I have said before ordered to be wound up. The proceedings were then transferred to the District Judge, Ludhiana, who appointed Shri Krishan Kant Jain, an Advocate of Ludhiana, as the Official Liquidator.
(3.) On the 10th January, 1950, Amrit Rai Sood made an application to the Official Liquidator praying that his claim be admitted. In this application he alleged that he had advanced to the Company a sum of rupees one lac fifty thousand, and under the agreement under which he had lent the money he was entitled to receive the uncalled capital of the Company to the extent of Rs. 1,17,500/-. In his prayer clause he said that his claim was to the extent of rupees one lac according to clause No. 10 of the agreement which he asked to be admitted and payment made to him after realization of the call-money. Atma Ram Sahni filed his objection to this application on the 20th February, 1950. In this he pleaded that the debt of Amrit Rai Sood had been discharged by his taking the film 'Aaj Aur Kal' and other assets of the Company, and therefore he prayed that the claim of Amrit Rai Sood for one lac of rupees should be disallowed. The liquidator went into the evidence and made a report to the District Judge. Upon this the learned District Judge ordered that Amrit Rai Sood, the petitioner, had a lien on the uncalled capital of the Company and gave certain directions to the Official Liquidator. It is against this order that an apneal has been brought to this Court by Atma Ram Sahni. I may here remark that Atma Ram Sahni was one of the Directors of the Company at all material times. No objection has been taken as to the right of Atma Ram Sahni to appeal or to the procedure adopted by Amrit Rai Sood in getting the matter adjudicated upon in the District Judge's Court.;