THE BATALA ENGINEERING CO. LTD. AND ORS. Vs. CUSTODIAN EVACUEE PROPERTY AND ORS.

JUDGEMENT

(1.) THIS is a Petitioner for leave to appeal to the Supreme Court and is headed as being under Order 45, Rule 3, Code of Civil Procedure.

(2.) THE Batala Engineering Company Ltd. and Mohammad Mukhtar made an Appellant under Sections 162, 239 and 79, Companies Act praying that (a) an order for the compulsory winding up of the assets of the Company in India be passed; (b) meeting of the shareholders be called under Section 79 or section 239, Companies Act, 1913 to consider the agenda sot out in Annexure "A" to the Petitioner; and (c) such other order as this Court considered just and proper may be passed. The Petitioner was put up before Achhru Ram J. and by an order dated 21 -4 -1949 he referred the case for; hearing by a D.B. of this Court and it was then; heard by Achhru Ram J. and myself. Achhru Ram J, had framed several issues which were:

(3.) WHETHER any valid Board of Directors was constituted 17 -11 -1947, and has been functioning at Batala since then?