Mandi Transport Co. Ltd. Vs. Himachal Pradesh Administration and anr. - Court Judgment
|Court||Himachal Pradesh High Court|
|Case Number||First Appeal No. 5 of 1955|
|Judge|| Ramabhadran, J.C.|
|Acts||Companies Act, 1913 - Sections 179, 212 and 212(3); ;Companies (Amendment) Act, 1956 - Sections 457 and 512(4); ;Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 17|
|Appellant||Mandi Transport Co. Ltd.|
|Respondent||Himachal Pradesh Administration and anr.|
|Appellant Advocate|| D.R. Chaudhary and; Kedar Ishwar, Advs.|
|Respondent Advocate|| D.N. Vaidya, Adv.|
.....for reasons to be stated shortly, the appeal fails, except in the matter of a part of the costs of the suit.
(10) learned counsel for the appellants, argued, vehemently, that the finding of the learned district judge on issue no. 3 is erroneous and cannot be maintained. this issue runs as follows :
'whether shri mahendra singh has been properly authorized and is competent to file this suit on behalf of the plaintiffs? o. p. plaintiff'.
(11) shri d. r. chaudhary, advocate, for the appellants, urged that although the suit was instituted by shri mahendra singh, liquidator, nevertheless, he was authorized to do so by the remaining liquidators and, consequently, the court should hold that the suit had been filed by more than one liquidator. my attention was also invited to the fact.....order(20) the appeal is allowed to this limited extent that the plaintiffs-appellants will be liable to pay only one half of the costs of the defendants-respondents in the trial court. in other respects, the appeal is rejected. the order, dismissing the suit, will stand. as regards the costs of appeal, my order is that the appellants will pay one hall of the respondents' costs here.
(20) The appeal is allowed to this limited extent that the plaintiffs-appellants will be liable to pay only one half of the costs of the defendants-respondents in the trial Court. In other respects, the appeal is rejected. The order, dismissing the suit, will stand. As regards the costs of appeal, my order is that the appellants will pay one hall of the respondents' costs here.