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29. Thereafter, at para 70, it was held :

"It is an undisputed fact that the court has passed orders on September 16, 1988, and September 30, 1988, and directed the petitioners to sell their shares to respondents Nos. 2 and 3 and by consent of parties two valuers have been appointed to value the shares. This has been done without going into the question who is the oppressor and who is the oppressed among those two groups. It is also an undisputed fact that the petitioners as well as respondents Nos. 2 and 3 are having equal shares of 50 per cent. each. The two valuers have adopted two different methods for valuing the shares of the company which have not been found favour with both the petitioners and respondents Nos. 2 and 3. To my mind the methods adopted by the valuers to arrive at the valuation of the shares of the company are not totally wrong or incorrect. In fact, certain required factors have been taken into consideration. The two valuers ought to have, while adopting the methods of valuation of shares, viz., the profitability method and the asset method, viewed from the angle, the company was under `national liquidation" and the purchaser-respondent would get 100 per cent. control of the company which is a `valuable commodity'. Had the valuers taken into consideration all the items including the factor that one of the groups of purchasers get cent. per cent. controlling interest in the company, they would have arrived at quite a different value of the share which would be a somewhat fair value. It is true in a matter like this it is difficult to arrive at a mathematical precision in valuation of shares. Since the two valuers have taken both the profitability and asset methods (break-up method) and arrived at two different figures as to the valuation of the share which are not accepted by either party, except taking such figures from the valuation report they have claimed rs. 1,200 (petitioner) and Rs. 326 (respondents) as the correct valuation of the share. To resolve this dispute, this court will have to scan through the valuation report and adjust the equities between the parties by fixing the fair price of the shares."

"In may judgment the `proper' price is the price which the court in its idscretion determines to be proper having regard to all the circumstances of the case."

77. At page 531, the lerned judge quoted the observations of Lord Denning made in Scottish Co-operative Wholesale Society Ltd. v. Meyer [1958] 3 All ER 66, 89 ; [1959] AC 324, 369 :

"One of the most useful orders mnetioned in the section - which will enable the court to do justice to the injured shareholders - is t order the oppressor to buy their shares at a fair price ; and a fair price would be, I think, the value which the shares would have have at the date of the petition,if there has been no oppression. Once the oppressor has bought the shares, the company can survive. It can continue to operate. That is a matter for him. It is, no doubt, true that an order of this kind gives to the oppressed shareholder what is, in effect, money compensatin for the injury done to them ; but I see no objection to this. The section gives a large discretion to the court, and it is well exercised in marking an oppressor make compensation to those who have suffered at his hands."