KAWADU Vs. BERAR GINNING COMPANY LIMITED

JUDGEMENT

(1.) SUBHEDAR , A.J.C. 1. The facts necessary for the disposal of this appeal are a little complicated and require a statement in some detail here.

(2.) A joint stock company was floated and duly registered on 16th August 1905 with the Registrar, Joint Stock Companies, Central Provinces and Berar, under the name of "the Berar Ginning, Company Limited, Akot" with its registered Head Office at Akot. The company carried on its business until the-year 1910, when it stopped functioning. Nearly five years later, i.e., on 15th September 1915, the Registrar, Joint Stock Companies acting Under Section 247(5), Companies Act (7 of 1913), struck the name of the said company off the Register of Joint Stock Companies maintained in his office, so that under the last provision of this sub-section the Company stood formally dissolved. Sheikh. Kawdu the appellant in the present case was a shareholder and respondent 2 Narayan was one of the directors of the said company.

(3.) ON 22nd March 1927, an appeal (First Appeal No. 17-B of 1927) was lodged by Sheikh Kawdu in this Court against the said order and it was dismissed on 17th January 1928, by a Bench consisting of Hallifax and Kinkheda, A.J. Cs. on the ground that the application for winding up was time barred three times over, the article applicable to such cases being 181 Schedule 1, Lim. Act. This judgment deciding, as it did, an important point of law is published as Sheikh Kawdu v. Berar Ginning Co. Ltd. A.I.R. 1928, Nag. 194.