MT SUMITRA KUER Vs. SITAMARHI SUGAR WORKS LTD

JUDGEMENT

(1.) This is a Letters Patent Appeal from a decision of Wort, J. sitting singly in his original juris, diction in the matter of the winding up of a company.

(2.) The application before the learned Judge was for an order for the balance of contributions from the deceased father of the appellants for shares, who died while the application was pending. He had applied for 500 shares and had been placed on the list of contributories, and the simple point of fact was as to whether he ceased to be a contributory and had forfeited the deposit that he had made upon application so as to escape from the position of a contributory with future liability.

(3.) It was contended by his heirs that he had in fact called upon the Managing Director of the company and said that he wished to have noth ing more to do with the affairs of the company and th at his shares were then forfeited. The evidence upon which this allegation was based was of the most meagre description, and I see no reason to differ from the judgment of Wort, J. that the story is in fact untrue and has not been established by the applicant.