AJIT KUMAR AGARWAL Vs. NISCHINTAPUR TEA COMPANY LTD

JUDGEMENT

(1.) BACKDROP

(2.) Sens subsequently realized, mistake crept in as the prayer for withdrawal of the proceeding was not pressed and as such the main proceeding continued to be pending. They applied for correction by making C.A. No.53 of 2010 that was opposed by the appellant who already made an application being C.A. No.40 of 2010 for being added as party respondent in the Section 397 proceeding. <FRM>JUDGEMENT_409_TLCAL0_2012_1.html</FRM>

(3.) Nischintapur Tea Company Limited is a closely held company by Sens of North Calcutta. It has a tea estate in North Bengal. One Maidhan Das Agarwal was also owning a tea estate, next to the tea estate belonged to the company. Maidhan Das was also a share holder in the present company, so was his wife Sarboti Devi. Maidhan had three thousand eight hundred number of shares whereas Sarbati had one thousand nine hundred forty number of shares in the company. Maidhan and Sarboti had two sons and daughters namely Omprakesh and Ajit. Omprakash also acquired shares of the subject company having two thousand twenty-one number of shares. Ajit did not have any share of his own. He claimed share through Maidhan, Sarboti and Omprakash. <FRM>JUDGEMENT_409_TLCAL0_2012_2.html</FRM>