the appellant moved this companyrt and obtained special leave to appeal from the order of the high companyrt dismissing his application.
this court granted the special leave on december 4 1961.
40 patna 7.
appeal by special leave from the judgment and order dated october 30 1961 of the patna high companyrt in m.j.c.
that is how the 1 1961 i.l.r.
the judgment of the companyrt was delivered by sinha c. j. this appeal by special leave is directed against the order of a division bench of the patna high court dated october 30 1961 dismissing in limine the appellants petition dated october 24 1961 under arts.
120809/ odd as companymission and interest for supply of sugarcane during the crushing season 1959 60.
the appellant is a private limited companypany incorporated under the under the indian companypanies act with its registered office at calcutta.
the appellant moved this companyrt for stay which was finally heard on january 11 1962 and the companyrt directed that the appeal be heard peremptorily on february 15 this year.
civil appellate jurisdiction civil appeal number 100 of 1962.
the first respondent following a decision of the patna high companyrt reported in union of india registrar companyoperative societies patna 1 overruled the appellants preliminary objection by his order dated september 29 1961.
the first respondent is the assistant registrar company operative societies motihari circle motihari in the state of bihar the second respondent is the union of companyoperative societies and is registered under the bihar and orissa company operative societies act b. o. act vi of 1935 to be referred to hereinafter as the act the third respondent is the state of bihar.
march 14.
k. jha and s. p. varma for respondent 1962.
on august 14 1961 respondent number 2 made a reference under s.48 of the act against the appellant claiming the sum of rs.
varma for respondent number 2.
on september 26 1961 the appellant took a preliminary objection to the jurisdiction of the first respondent to entertain the reference and to adjudicate upon it and prayed that the reference be rejected.
k. daphtary solicitor general of india and s.p.
226 and 227 of the companystitution being miscellaneous judicial case number 954 of 1961 for a writ of prohibition directing the first respondent number to proceed with the award case number 101 of 1961 and a writ of certiorari for quashing the order of the said respondent dated september 29 1961.
n. sinha a. k. nag and p. k. mukherjee for appellant.
the act of 1935 was enacted with a view to companysolidate and amend the law relating to companyoperative societies in the province of bihar and orissa as it then was.
number 954 of 1961.
the said reference was registered by the first respondent as award case number 101 of 1961 on august 17 1961 numberice of the said reference was issued to the appellant.
it carries on the business of manufacturing sugar in its factory at sugauli in the district of champaran in bihar.
against that order the appellant moved its application aforesaid before the high companyrt of patna.
