RAI MATHURA PRASAD Vs. HANUMAN PRASAD

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent is directed against the order of a learned, single judge of this court rejecting the plea of the appellant (opposite party No. 2) that the applica tion filed under Sec.398 of the Companies Act, 1956 (hereinafter referred to as " the Act"), and registered as Company Petition No. of 1974 abated on the death of the original applicant.

(2.) THE application giving rise to Company Petition No. 9 of 1974 was filed on August 24, 1974, by one Banarsi Lall Bhagat who claimed to be a member of Krishak Cold Storage Ltd., incorporated under the provisions of the Indian Companies Act, 1913, and entitled to apply to the court under, Sec.398 of the present Act by virtue of Sec.399. He complained that the affairs of the company were being conducted in a manner prejudicial to the interest of the members. It was also stated that a sale deed was illegally executed by opposite parties Nos. 1 and 2 in favour of opposite party No. 11. A prayer was made to set aside the transfer.

(3.) IN paragraph. 6 of the application, the applicant stated that he was filing the application on his own behalf as also on behalf of a number of the members of the company entitled to challenge the impugned sale deed. He appended their written authority as annexure B .