ARATI DUTTA Vs. EASTERN TEA ESTATE PRIVATE LIMITED

JUDGEMENT

(1.) These appeals by special leave relate to the affairs of M/s. Eastern Tea Estate (P) Ltd. It was of two branches namely, the Dutta's and the Choudhury's. Due to death and lack of cordiality between the erstwhile partners the two branches first drifted and then parted company as it unfortunately is the fate of so many Indian concerns and there were disputes and litigations in Court.

(2.) The Civil Appeal No. 1510 of 1987 arises from a judgment and decision of the Division Bench of the High Court of Gauhati dated 4th. June, 1987. It appears that that a petition .was filed originally by the appellant under Ss. 397 and 398 read with S. 403 of the Companies Act, 1956 (hereinafter called 'the Act'). The company petition came to be disposed of on 4th February, 1977 in accordance with the compromise arrived at between the partes. The said compromise comprised of inter alia, two relevant paragraphs, for the present purpose, which read as follows:

(3.) Thereafter there were differences between the parties and it could not be adjusted as the parties could not agree as to audit. On 9th November, 1982 the parties agreed that no auditor need be appointed in the matter of determination of liability and the matter of determination of liability as per the 1973 Balance-sheet should be left entirely to the Court. In accordance with the compromise the parties were asked to submit their Balance-sheets regarding the payments made by them which related to liabilities in the Balance-sheet as on 31st December, 1973. The parties filed their Balance-sheets and the learned single Judge of the High Court computed the liabilities of the parties on that basis. Aggrieved, however, by the said decision, the appellant preferred an appeal before the Division Bench of the said High Court. The first question that was raised before the Division Bench was whether the appeal lay to the Division Bench under S. 483 of the Act which dealt with appeals from orders. The said section was as follows: