1934 (6) TMI 22

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..... t Dyal and Kishen Dyal for the Respondent. JUDGMENT Tek Chand, J. -- The Flour and Oil Mills Company Limited, Sonepat, went into voluntary liquidation on the 20th June, 1928. Subsequently an order was passed by this Court that the winding-up be done under the supervision of the Court, and it was ordered under Section 164 that all further proceedings be taken in the Court of the District Judge, .....

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..... is liable in respect of unpaid calls even though the calls were made by the company before it went into liquidation and the suit of the company for their realization had become barred by time under Article 112 of the Indian Limitation Act : Sorabji v. Isher Das, Vaideswara Ayyar v. Sivasubrahmanya, Jagannath Prasad v. U.P. Oil Mills Ltd., Dehra Dun Mussourie Electric Tramway Co. In re and Pray an .....

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..... called were not paid on the dates specified, their shares would be forfeited. It is, however, admitted that no resolution was passed by the directors actually forfeiting the shares, as was necessary under Article 52 of the articles of association of the company. There was, therefore, no valid forfeiture of the shares: Prayan Prasad v. Gaya Bank Ltd. No other point was raised. The appeal fails an .....

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