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In Re:  the National Insurance and Banking Company, Ld. Is Liquidation - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1919All25; 54Ind.Cas.384
AppellantIn Re:andnbsp; the National Insurance and Banking Company, Ld. Is Liquidation
Excerpt:
companies act (vii of 1913), sections 3, 164, 200 - winding-up referred to district court--contributories residing within jurisdictions of different high courts --procedure. - .....act vii of 1913, proceedings subsequent to that order are now being had in the court of the district judge of lahore. according to this petition, which is supported by affidavit, the district judge of lahore has passed a number of orders against contributories residing at various places within the jurisdiction of this court. the prayer in this application is that this court should make an order under section 164 aforesaid, permitting these subsequent proceedings to be had in the various district courts specified at the foot of the application. under section 200 of act vii of 1913 the orders made by the district judge of lahore require to be enforced by the court which would have had jurisdiction in respect of the company concerned if the registered office of that company had been.....
Judgment:

1. This is an application by the Official Liquidator of the National Insurance and Banking Company, Ld., which is now in liquidation. The winding-up order was made by the Chief Court of the Punjab, and under Section 164 of the Indian Companies Act VII of 1913, proceedings subsequent to that order are now being had in the Court of the District Judge of Lahore. According to this petition, which is supported by affidavit, the District Judge of Lahore has passed a number of orders against contributories residing at various places within the jurisdiction of this Court. The prayer in this application is that this Court should make an order under Section 164 aforesaid, permitting these subsequent proceedings to be had in the various District Courts specified at the foot of the application. Under Section 200 of Act VII of 1913 the orders made by the District Judge of Lahore require to be enforced by the Court which would have had jurisdiction in respect of the company concerned if the registered office of that company had been situated at the places where execution is sought. Under Section 3 of the Act, the Court having jurisdiction at the various places specified at the foot of the plaint is this High Court. Referring back, however, to Section 200 we find that this Court has authority to enforce the orders of the District Judge of Lahore in the same manner and in all respects as if these orders had been made by this Court itself. If the orders in question had been made by this Court itself, we could undoubtedly direct under Section 164 of Act VII of 1913 that subsequent proceedings be had in a District Court. It is, therefore, merely a question of convenience whether the proceedings in execution should all be had in this Court-, or whether the Official Liquidator should be authorised to apply to 'he various District Courts specified at the foot of his application in respect of each of the persons against whom orders for contribution have been passed by the District Judge of Lahore. The balance of convenience is obviously in favour of allowing proceedings to be taken in the District Courts. Oar order, therefore, under the sections to which reference has been made, is that proceedings to enforce the orders passed by the District Judge of Lahore may be instituted on the application of the Official Liquidator, and the aforesaid orders may be enforced according to their tenure in the Courts of the various District Judges specified at the foot of this application and shown in the margin (foot-note) of this order : proceedings in each Court being taken according to the place of residence of the person against whom orders for contribution have been made, or according to the situation of the. property against which execution is sought.


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