BAI CHANCHAL Vs. LAXMI DYING AND CO LTD

JUDGEMENT

(1.) This is a suit brought by the Lakshmi Dying, Printing, Bleaching and Manufacturing Company Limited and it is expressed to be so brought by its liquidator Hiralal Chhotalal.

(2.) Apparently there is no defence to the suit on its merits. But it is said that as the suit is for the recovery of calls in a liquidation, it has been instituted in a wrong Court and that it is also defective in that only one liquidator has taken part in the suit.

(3.) We will deal first with this last point. There is nothing on the record to show that at the institution of the suit there was any liquidator beyond the one named and we clearly cannot at this stage allow an affidavit to be read for the purpose of showing that there were two liquidators at that time. Therefore we need not express any opinion as to what would have been the result, had it been shown that there were two liquidators.