STEEL CONSTRUCTION COMPANY LTD. Vs. PROBODH CHANDRA CHAKRABORTY

JUDGEMENT

(1.) This appeal arises out of a suit for the recovery of a certain sum of money due by the defendants, the Steel Construction Company Ltd.

(2.) The facts briefly are these: The plaintiff was a shareholder of the company. He was also the Managing Director for a certain period. Further he rendered services to the company as an engineer. It appears that on the 23rd Sept., 1932, the defendant company was wound up, and under the orders of this Court Mr. Ranjit Roy, a chartered accountant, was appointed the official liquidator. The latter took charge of the affairs of the company in the beginning of Dec., 1932, and continued to function as such until the 1st May, 1933. On that date under an order of this Court a reconstruction scheme was sanctioned and in pursuance thereof, the liquidator Mr. Roy delivered possession of the affairs of the company in Nov., 1933, to a Board of Directors, consisting of the plaintiff and four others. Thereafter the work of the company was carried on under the direction of this Board till May, 1834. On the 5th May, 1934. the said reconstruction scheme was revoked by an order of this Court, and the liquidator again took charge of the affairs of the company on the 8th June, 1934.

(3.) The plaintiff's case was that he worked as an engineer in the power house of the company, and in respect of certain construction works from Dec., 1932, to 5th June, 1934, and that he was promised a remuneration of Rs. 100 per month. In a letter written by him to the liquidator on the 1st October, 1934, the plaintiff claimed the sum of Rs. 1,800 as remuneration for 18 months. The liquidator promised to consider the claim and registered it. Thereafter from June, 1934, the plaintiff worked as an engineer of the power house only, under the direction of the liquidator on a remuneration of Rs. 50 per month until Nov., 1934, when his services were dispensed with. The plaintiff has received his salary at Rs. 50 per month from June to Nov., 1934. His claim for Rs. 1,800 was still under consideration, when a second reconstruction scheme was approved of by this Court on the 15th June, 1936, in pursuance of which the liquidator delivered possession of the affairs of the company to a reconstituted Board of Directors on the 23rd Sept., 1936. The plaintiff was not a director of this Board. According to him the said Board was hostile to him. The Board disallowed the plaintiff's claim for remuneration of Rs. 1,800 and wrote to him accordingly on the 25th June, 1937.