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TMI Blog1930 (2) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... al from a compulsory winding up order made by my learned brother, Buckland, J., on 26 August, 1929, against a company called the Bagdigi Kujama Collieries, Limited. The winding up order was made upon a creditor's petition. The appeal before us is on the part of the company and the ground upon which the appeal is brought is that a certain gentleman a shareholder named M. K. Khanna was desirous of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the right to present a winding up petition. The Companies Act does not, it appears to me, deal directly with the question of who shall be heard at the time when a winding up petition is being tried. If one goes on the ordinary principle, it seems to be manifest that a shareholder has an interest in the questions whether the company should be wound up, a receiver appointed over all its assets, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and in matters relating to companies shall be followed so far as they are applicable and not inconsistent with this chapter and the Act." Whether that is sufficient to bind a party by the words of the English rule is a matter upon which I entertain great doubt. The position, therefore, is that when Mr. Khanna appeared and asked to be heard, the learned Judge was wrong in thinking that he was not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is entirely improper to allow this company to come in and fight the battle or the grievances of an individual shareholder, and this appeal is incompetent on that ground: I have heard with some astonishment that there is supposed to exist somewhere a judgment of my own to the effect that a shareholder, if fully paid up, is not entitled to be heard on a winding-up petition. I think there is som ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t merely turns out that the majority of the contributories or the majority of the shareholders did not desire the winding-up. For the purpose of giving value to, a more desire of a contributory or shareholder, the position of a fully paid up shareholder may be one of comparative unimportance, but that a person, who may have a large holding in a company, is not entitled to be heard before the Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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