H C GANTI Vs. FLHARCOURT

JUDGEMENT

(1.) This is an application under Section 476, Criminal P.C., the circumstances of which are as follows:

(2.) In July 1928, a shareholder of the name of Ganti in the International Trading Co. Ltd., a private company incorporated under the Indian Companies Act, 1913, instituted a suit, being suit No. 1623 of 1928, in this Court, against the company and the present petitioners, who also are shareholders in the company and Frederick Lionel Harcourt and Mrs. Harcourt, for a declaration that the shares standing in the names of the two persons last mentioned were invalid and that neither of them had paid or advanced any money to the company to entitle them to receive such shares and that the register of the company should be rectified. At that time F. L. Harcourt was shown in the company's share register as the holder of 73 ordinary shares and Mrs. Harcourt of 75 ordinary shares and 275 preference shares.

(3.) On 30 July 1929, by consent, a reference was ordered under the schedule to the Civil Procedure Code to the arbitration of Mr. S.C. Bose, a member of the Bar. That gentleman after a number of sittings filed an award, on 10 January 1930, and on 10 February 1930, the award was confirmed by a decree of this Court. The effect of the award was that P. L. Harcourt had no shares and that Mrs. Harcourt had 45 ordinary shares and 275 preference shares.