FARIDABAD COLD STORAGE Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) This is an appeal against the order of Shri M. E. Jain, Additional District Judge, Delhi, dated 1-10-1966, accepting the claim petition filed by the Official Liquidator under section 446(2) of the Companies Act. The Official Liquidator in the aforesaid claim petition had prayed for recovery of Rs. 845.32 against the appellant.

(2.) The learned Additional District Judge granted adecree for the recovery of Rs. 504.00 and the return of empty cylinder in favour of the Official Liquidator and on the failure of the appellant to return the cylinder, the Official Liquidator was further held entitled, in the alternative to the recovery of Rs. 340.00 . The Official Liquidator was also awarded the costs of the petition.

(3.) When the appeal came up before the Division Bench (S. N.Shankar and T. P. S. Chawla, JJ), the learned Judges referred this appeal to the Full Bench along with Company Appeal No. 2 of 1969. That is how the present appeal has been placed before the Full Bench.