Among other things, one of the objections was that the defendants were number in a position to implement the companyditions imposed on them by the decree because the Marwari Brothers firm was dissolved by agreement between the parties before the Federal Courts decree and was numberlonger in existence.
The Bettia Group companysisted of 1 Gobardhan Das 2 Jainarain Ram Lundia 3 Badri Prasad and 4 Bisheshwar Nath.
It is admitted that there was numbersecond tender after the High Courts decree.
The other group Padrauna held the remaining 450 shares.
284 of 1951 arising, out of the order dated the llth July 1951 of the Court of Subordinate Judge, Motihari in Misc.
One of the plaintiffs, Kedarnath Khetan, filed an objection petition on 20 3 1951.
2,45,000 with interest thereon by the plaintiffs, the plaintiffs are entitled to 250 shares belonging to the said defendants in the Ganga Devi Sugar Mills Limited and five annas share belonging to them in the Marwari Brothers and to all dividends and profits in respect thereof with effect from 1 2 1941 And it is further ordered and decreed that against payment or tender by.
The Marwari Brothers Firm was formed for the purpose of promoting a companypany for starting a sugar mill in Champaran and for securing the managing agency of the companypany for itself for a period of ninety years.
The shares were distributed as follows.
In the Bettia Group Gobardhan Das and his brother Badri Prasad had 100 shares Jainarain had 150 and Madan Lal had 100.
The decree which the appellant, Jainarain Rain Lundia, seeks to execute is one that directsspecific performance of a companytract to sell certain shares in a private limited companypany known as the Ganga Devi Sugar Mills, together with a five annas share in a partnership firm called the Marwari Brothers, on payment of a sum of Rs.
206 of 1955, On appeal from the judgment and order dated the 5th May 1954 of the Patna High Court in Appeal from the Original Order No.
The capital of the companypany companysisted of Rs.
That is the objection we are companycerned with.
the plaintiffs to the said defendants of the said sum of Rs.
The decree was transferred to the Subordinate Judge, Motihari, and the execution proceedings started there on 25 1 1951.
The Judgment of the Court was delivered by BOSE J. This appeal arises out of certain execution proceedings.
These two were the plaintiffs in the suit.
After the Federal Court had settled the matter, one of the defendants, Jainarain Ram Lundia, applied to the Calcutta High Court for execution.
Even if he did number know whether the firm bad been dissolved or number a fact which cannot be the case for reasons that we shall give later he was certainly in a position to admit or deny whether the fact was within his personal knowledge.
This was done.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The tender was number accepted as the defendants the Bettia Group had appealed.
Veda Vyas, S. K. Kapur and Ganpat Rai, with him for the appellant.
January 31.
The Padratuna Group sued for specific performance and the dispute was carried as far as the Federal Court.
The exact number of shares agreed to be sold and the extent of the share in the firm was amatter of dispute but that does number companycern us at this stage because we are only companycerned with the final result embodied in the decree number under execution.
The substance of the decree was this It is declared that upon payment and or tender to the defendants appellants Jainarain Ram Lundia and Madan Lal Jhunjhunwala of the sum of Rs.
That Court affirmed the decree of the Calcutta High Court on 6 5 1949.
30 of 1951.
The facts are as follows.
The Padrauna Group companysisted of 1 Kedarnath Khetan and 2 a firm called Surajmal.
Kedarnath was one of the partners of the Surajmal firm.
1,000 each.
On Bisheshwar Naths death his son Madan Lal Jhunjhunwalla stepped into his shoes.
About five years later the two sets of partners fell out and, as a result, the Bettia Group agreed, on 1 1 1941, to sell a certain number of their shares in the Ganga Devi Sugar Mills Limited to the Padrauna Group along with a certain share in the Marwari Brothers firm.
2,45,000.
8,00,000 divided into 800 shares of Rs.
The Bettia Group thus had 350 shares between them.
K. Daphtary, Solicitor General of India K. B. Asthana and C. P. Lal, with him for respondent NO.
The partnership firm, known as the Marwari Brothers, was formed on the 29th of February 1936.
The partners companysisted of two groups called the Bettia Group and the Padrauna Group.
This fact was number denied by the defendant Jainarain Ram Lundia in his rejoinder though the fact was specifically alleged to be within his personal knowledge.
These persons were the defendants.
