( 1 ) WE have heard the learned Advocate-General for the appellants in this appeal at some length and having done so, we are of opinion that the proper course for us to adopt will be to adjourn the hearing of the appeal till after the decision of Suit No. 1225 of 1951, -- 'premraj Dulichand v. Mahaltixmi Cotton Mills Ltd. ', pending on the Original Side.

( 2 ) THE appeal has arisen in the following way. The four appellants, who are creditors of the respondent-company, applied for a winding-up order against it on the ground that 'the first instalment of their debts, which had already become payable under the provisions of a certain scheme, had not been paid in spite of notices of demand under Section 163, Indian Companies Act. The company's reply was that the debts claimed by the appellants were undoubtedly due to them, but this scheme provided that the debts were to be paid out of the profits and inasmuch as the company had not made sufficient profits since the date of the scheme, the debts had not yet become payable. To that plea the appellants' rejoinder was that the provision as to payment out of profits was repugnant to other and clearer provisions of the