LAWS(CAL)-1988-12-29

BAJRANGBALI ENGINEERING CO LTD Vs. STATE

Decided On December 23, 1988
BAJRANGBALI ENGINEERING CO.LTD. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is an application for winding up of Bajrangbali Engineering Company Limited having its registered office at No. 66, G.T. Road, Liluah, Howrah, hereinafter referred to as the "company". The petitioners are the executors of the Will of one Mriganka Mohan Sur, since deceased. The said Mriganka Mohan Sur was the owner of more or less 49 bighas of lands comprised in premises No. 135, Girish Ghose Road and 11/2. Guha Road Ghusuri, P.S. Bally, District Howrah. The said Mriganka Mohan Sur died on 3-11-1983 leaving a Will whereby he appointed the petitioners herein as the executors thereof.

(2.) Without going into details of the history as to how the claims in this petition arose, it will be suffice to state it shortly that the instant petition is founded on the basis of three ex parte money decrees passed against the Company, i.e. in favour of the petitioners by the Second Subordinate Judge, Howrah. The particulars of the suits and the decrees obtained therein and the decretal claims of the petitioners are set out herein seriatim as follows : Suit No.Date of the Decree Period of occupation Decretal amount Total(1) 11 of 75 6-2-86 for mesne profits from 1-6-70 to 15-4-75 (a) Rs. 3,05,270.00 (b) cost Rs. 4970.20 (c) Interest at the rate of 6% from the date of the decree tille alisation Rs.3,10,240.20 (2) 4 of 78 30-1-86 for mesne profits from 16-4-75 to 15-1-78(a) Rs. 1,93,068.50 (b) Cost Rs. 4254.50 (c) Interest as above Rs.1,97.323.00 (3) 17 of 79 10-2-86 for the period from 16-1-78 to 30-6-79 (a) Rs. 96,530.46 (b) cost Rs. 3,420.25 (c) Interest as above Rs. 99,950.71 These three money suits claiming mesne profits against the said company for wrongful occupation of the said two premises were originally instituted by the said Mriganka Mohan Sur while he was alive and after his death on 3-11-83 during the pendency of the said suits, the petitioners as executors of his will were substituted in the said three money suits as the plaintiffs after obtaining Probate. The substituted plaintiffs had thus proceeded with the said suits and obtained the said three decrees in the said three money suits in 1986.

(3.) The claim of the petitioners in this winding up petition is to the tune of Rs. 6,43,311.09/- being the total of the decretal amount in the said three money suits.