Sections 45A and 45B of the Banking Companies (Amendment) Act, 1950 confer special jurisdiction upon the High Court to decide all matters relating to or arising out of the winding up of a banking company, including suits filed by the Official Liquidator to recover debts due to the banking company.

Chagla, C.J. :- This appeal arises out of a decision of Shah, J., holding that the suit of the Associated Banking Corporation of India, Ltd., which is in liquidation, by ita Official Liquidator, should be dismissed on the ground that this Court had no jurisdiction to try this suit. The suit was to recover a sum of Rs. 20,000 and odd, and it is not disputed that but for certain special legislation to which I shall presently refer the suit would have been triable by the City Civil Court in Bombay as the subject-matter of the suit is below Rs. 25,000.

2. The question that we have to consider is whether the jurisdiction of the City Civil Court has been ousted and whether special jurisdiction has been conferred upon the High Court by reason of the suit having been filed by the Official Liquidator in the course of the winding up of the Associated Banking Corporation of India, Ltd. An Act was passed by the Dominion Legislature, being the Banking Companies Act, 1949 (Act X (10) of 1949), to amend the law relating to Banking Companies, and Part III of that Act deals with suspension of business and winding up of banking companies. When one turns to some of the provisions in that part, it is clear that the object of the legislature was as far as possible to expedite the disposal of winding up of banking companies. For instance, S. 41 provides that the liquidator must make his report within two months to the Court from the date of the order giving the information required by S. 177B, Companies Act, 1913. Section 42 provides that meetings of creditors may be dispensed with. Section 43 provides for a special mode of proof of amounts deposited by depositors with banks.

This Act was amended by the Banking Companies (Amendment) Act, 1950 (Act XX (20) of 1950), and S. 45A, which falls in Part IIIA, the heading of which is "Special provisions for speedy disposal of winding up of proceedings" defined the "Court" in Part III A and in Part III of the earlier Act as the High Court exercising jurisdiction in the place where the registered office of the banking company which is being wound up is situated or, in the case of a banking company incorporated outside India which is being wound up, where its principal place of business is situated, and S. 45A further provided that notwithstanding anything to the contrary contained in the Indian Companies Act or in any notification, order or direction issued thereunder or in any other law for the time being in force, no other Court shall have jurisdiction to entertain any matter relating to or arising out of the winding up of a banking company. Therefore, jurisdiction of all Gourta other than the High Court as defined in S. 45A was clearly ousted with regard to all matters which relate to or arise out of the winding up of a banking company. Then S. 45B conferred power upon the High Court to decide all claims made by or against any banking company, including claims by or against any of its branches in India, and all questions of priorities and all other questions whatsoever, whether of law or fact, which may relate to or arise in the course of the winding up of the banking company, coming within the cognizance of the Court.

3. Now, the narrow question that we have to consider is whether a suit filed by the Official Liquidator to recover a claim due to a banking company from its debtor is a matter relating to or arising out of the winding up of a banking company. It may be pointed out that the Legislature has used a slightly different expression in S. 45B. The expression used in S. 45B is "which may relate to or arise in the course of the winding up." It is difficult to hold that the Legislature intended to convey something different by the use of the expression in S. 45A "arising out of the winding up" from the use of the expression in S. 45B "arise in the course of the winding up." Sections 45A and 45B are co-related. Section 45A ousts the jurisdiction of Courts other than the High Court, and S. 45B con