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In Re: Indian Companies Act: and in the Matter of British Banking and Industrial Corporation Ltd. - Court Judgment

LegalCrystal Citation
SubjectCompany
CourtChennai
Decided On
Reported inAIR1927Mad271
AppellantIn Re: Indian Companies Act: and in the Matter of British Banking and Industrial Corporation Ltd.
Excerpt:
- - i am satisfied that that section has absolutely no application whatever to the matter on hand......named in the cause title against contributories for various amounts. the certified copies of the orders passed by the bombay high court have now been put in.2. by virtue of section 200 of the companies act an order, made by one court, it is stated:shall be enforced in any place in british india other than that in which that court is situate, by the court that would have had jurisdiction in respect of such company if the registered office of the company had been situate at such other place and in the same manner in all respects as if such order had been made by the court that is hereby required to enforce the same.3. the places where the orders are required to be enforced are the places in the districts mentioned respectively in the applications. if the company had had registered.....
Judgment:
ORDER

Srinivasa Aiyanger, J.

1. These are applications made in terms for directing the respective District Courts to enforce the payment orders made by the Bombay High Court in the matter of the winding up of the Company named in the cause title against contributories for various amounts. The certified copies of the orders passed by the Bombay High Court have now been put in.

2. By virtue of Section 200 of the Companies Act an order, made by one Court, it is stated:

shall be enforced in any place in British India other than that in which that Court is situate, by the Court that would have had jurisdiction in respect of such Company if the registered office of the Company had been situate at such other place and in the same manner in all respects as if such order had been made by the Court that is hereby required to enforce the same.

3. The places where the orders are required to be enforced are the places in the districts mentioned respectively in the applications. If the Company had had registered offices in those places the Court which would have had jurisdiction in respect of such Company is this Court under the definition of 'Court' in Section 2, Clause (3), of the Companies Act. Further the same Section 200 provides that the order shall be enforced in the same manner in all respects as if such order had been made by the Court that is hereby required to enforce the same.

4. In other words, that section authorizes this Court, for purposes of enforcement, to regard it as an order passed by this Court itself. Nextly, under the provisions of Section 199 of that Act, it is provided that

all orders made by a Court under this Act may be enforced in the same manner in which decrees of such Court made in any suit pending therein may be enforced.

5. The result, therefore, is that by virtue of Section 200 the order made by the Bombay High Court is required to be regarded as an order made by this Court, and by virtue of Section 199 that order comes to have the same force and effect as a decree passed by this Court.

6. The learned vakil for the petitioner, Official Liquidator, submitted that, under the provisions of Section 164 of the Companies Act, this Court should make an order directing all subsequent proceedings to be had in the District Court. I am satisfied that that section has absolutely no application whatever to the matter on hand.

7. That refers only to the Court that passes the winding up order and the order contemplated to be made by the section is an order that all subsequent proceedings in the winding up should be had or may be had in a District Court, but that is not the order now contemplated or required. The learned vakil also referred to me a case reported in In the matter of the National Insurance and Banking Co. Ltd. [1920] 54 I. C. 384. In that case two learned Judges of the Allahabad High Court would appear to have held that, under the provisions of Section 164 of the Companies Act, it was competent to the Allahabad High Court to authorize the Official Liquidator to apply to the District Courts within the United Provinces for enforcing the orders passed by the Punjab Court. With all due deference to the learned Judges that decided that case, I am unable to agree with the decision. I rather think that the proper procedure, as indicated by the conjoint effect of Sections 199 and 200 of the Companies Act, is that the order now filed in this Court should be treated in the same manner as a decree passed by this Court and transferred for execution to the respective District Courts.

8. There will therefore be an order in all these applications directing the transfer of the order to the District Court concerned for execution by that Court against the contributory in the same manner and to the same extent as if the order was a decree passed by this Court.


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