After the decree of the Trial Court, the Company executed on January 21,, 1954 a second deed also in favour of Bansidhar mortgaging the fixed assets for repayment of an additional sum of Rs.
On December 17, 1958, Bansidhar filed a petition companytending that the application for enforcement of the decree was number maintainable without leave of the High Court which ordered that the Company be wound up.
Bansidhar then preferred two petitions, for special leave to this Court one against the order of the High Court dismissing his Second Appeal against the order in the execution proceedings, and the other against the order of the High Court refusing to certify the appeal.
Against that decree the Company and Bansidhar preferred second appeal No.
The plaintiff then instituted an application for enforcement of the decree in ejectment against the Company without obtaining leave of the High Court of Calcutta under s. 171 of the Indian Companies Act, 1913.
Appeal by special leave from the order dated December 24, 1965 of the Calcutta High Court in Supreme Court Appeal No.
Bansidhar also filed a suit in the High Court of Calcutta on its original side to enforce the two mortgages in his favour and obtained a preliminary mortgage decree in the suit on May 13, 1955.
1,25,000/ .
The decree of the Subordinate Judge in the plaintiffs suit was companyfirmed on August 4, 1954.
Bansidhars petition for a certificate for appeal to this Court under Articles 133 1 b and c of the Constitution was also rejected.
The liquidators of the Company and Bansidhar prosecuted the Second Appeal No.
1380 of 1954.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1380 of 1954.
appellant.
55 of 1965.
L. Sanghi, Jnanendra Lal and B. R. Agarwala, for the.
The decree of the District Court was companyfirmed by the High Court in its appellate jurisdiction on February 22, 1958.
Before the decree was passed, the Company had executed on January 31, 1951 a deed in favour of Bansidhar mortgaging its fixed assets for securing repayment of Rs.
suit was decreed on October 1, 1953.
The Subordinate Judge before whom the proceedings were pending, dismissed the application filed by Bansidhar, and the order of dismissal was companyfirmed by the Additional District Judge and by the High Court in Second Appeal.
1927 of 1966.
The Judgment of the Court was delivered by Shah, J. Mohammed Ibrahim hereinafter called the plain tiff instituted an action in the Court of the Subordinate Judge, Alipore for a decree in ejectment in respect of land occupied by the Luxmi Spinning Weaving Mills Ltd. as his tenant.
Sukumar Ghose, for respondent No.
1380 of 1954 to the High Court of Calcutta.
Another creditor of the Company applied for and obtained on August 22, 1955 an order directing that the Company be wound up.
2,00,000/ .
