Mumbai Court May 1889 Judgments

The Imperial Ice Manufacturing Company Limited Vs. Munchershaw Barjorj ...

Court: Mumbai

Reported in: (1889)ILR13Bom415

Scott, J.1. This is a Reference from the Chief Judge of the Small Cause Court, arising out of a suit to recover Rs. 1,085-6 as the amount of two unpaid calls said to be due from the defendant as the registered holder of ten shares in the capital of the plaintiffs' company. It appears that the defendant in February 1886, signed duplicates of the documents subsequently registered as the memorandum and articles of association when the company was registered in December of the same year. By the duplicate of the memorandum of the association which he signed, he 'agreed' to take the number of shares (ten) set opposite his name. He never cancelled that agreement. On the authority of the The Guzerat Spinning and Weaving Company v. Girdharlal Dalpatram I.L.R. Bom. 425 it was admitted that the defendant's signature to such a document did not constitute him a member of the company under the former part of Section 45 of the Indian Companies Act. But it was argued that the defendant's agreement wit...