TMI Blog1936 (5) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... n for revision of the order of the Judge, Small Cause Court, Lahore, decreeing a suit for recovery of Rs. 149. The plaintiffs sued for recovery of this sum on account of fees due to him as a director of the defendant Company. The defendant Company pleaded that a sum of Rs. 147-14-3 was due to the Company from the plaintiff on account of interest due on calls on plaintiff's shares which had not bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3-14-3 was due to the defendant. The defendant was, there, claiming only the latter sum and not Rs. 147-14-3. The case seems to be analogous to that reported in Bhagat Singh v. Devi Dial (85 P.R. 1918). The learned Counsel for the defendant is not pressing the claim for Rs. 3-14-3. I am, therefore, of opinion, that no Court-fee was necessary on the written statement. The next point for consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there was any agreement between the parties that the claims were to be adjusted as they are alleged to have been. The only point therefore, which requires consideration is whether there are any special circumstances connecting the debts which would justify the adjustment. The learned Counsel for the petitioner urged that the plaintiff being a director of the Company and the interest being due on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... money due on account of unpaid calls with interest. The plaintiff then delivered to the Company a bill of costs and also moved the Court for an injunction restraining the defendant Company from proceeding with the resolution for forfeiture of shares. The Court, however, held that the plaintiff had no right to the set off. The present case seems to me to be analogous and I am, therefore, of opin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Exhibits P-1 and P-2, indicate that no order about the adjustment had been passed even in March or June, 1934. The Company has usually a lien on shares or dividends for realizations of money due on them but there appears to be no authority for holding that it has any lien on fees due to a director' as in the present case. I, therefore, uphold the order of the learned Judge of the Court belo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
