MATHERAN STEAM LIGHT TRAMWAY Vs. BNLANG

JUDGEMENT

(1.) In our judgment given on August 16, we directed to be determined as a preliminary issue the question whether there was any judgment validly delivered by Mr. Justice Taraporewala.

(2.) This was a petition to rectify the Company's register. The petition was adjourned into Court, and judgment was reserved by Mr. Justice Taraporewala on April 10, 1926. On. April 23, the learned Judge dictated notes of his judgment to a shorthandwriter Mr. Daji. The next day Mr. Justice Taraporewala left Bombay by the mail boat Ranpura for England. The shorthandwriter did not transcribe the notes, but himself went on leave from April 26 to June 2.

(3.) On April 28; the learned Judge wrote a letter from the SS. Ranpura to the Prothonotary of this Court, which, in the ordinary course of post, would have reached him on or about May 7. The learned Judge there said that he had dictated to Daji his judgment which was to be delivered on June 7. He there states :- Will you kindly request Mirza J. to deliver it for me 1 If the draft requires to be approved and signed by me, there will bo no time for me to do so by June 7. I desire that in any event my order on the petition should be communicated to the parties in Court on June 7. I have granted all the prayers of the petition and ordered that the register of the Company be rectified by placing the names of F.E. Dinshaw, D.K. Daji, Wadia and Balsekar (2nd to 5 petitioners), on the Company's register of shareholders, and that the Company should pay the petitioners costs. Will you kindly treat this letter as an authority for communicating the said order to the parties in Court on June 7 ? You can send the draft judgment to me for approval and signature" to an address in Europe.