SIRMUR CHEMICAL AND GENERAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal under Section 39 (1) (vi) of the Indian Arbitration Act. It arises under the following circumstances: On 30 6 1945 A. D., the erstwhile Darbar of Sirmur State granted a monopoly in favour of Professor Harcharan Das in respect of cultivation and collection of medicinal herbs within Sirmur State, to enable him to manufacture drugs therefrom, and dispose of the same, either within the State, Or by export outside the State.

(2.) ON 23 11 1945, A. D., a Company styled as "Sirmur Chemical and General Industries Ltd", came into being and was registered as such by the Registrar under the Indian Companies Act, at Nahan. Five days later, i.e., )n 28 11 1945, A.D., Professor Harcharan Das transferred all his rights and interests, granted to him by the Darbar on 30 6 1945 and 18 9 1945, to the Company. The Company started work on 5 4 1946 A. D. under its Articles of Association.

(3.) THIS appeal was presented to this Court on 25 10 1951 A. D. It was admitted to regular hearing by my learned predecessor on 1 12 1951. On 17 11 1952, my predecessor directed that the hearing Of this appeal should be postponed till the proceedings in the connected Civil Miscellaneous Petition No. 6 of 1951, under Section 162 of the Indian Companies Act, 1913, were completed and that case became ripe for arguments.