Proceedings in a suit against a bank which is being wound up arise in the course of the winding up and are therefore transferred to the High Court under Section 11 of the Banking Companies Act, 1949.

( 1 ) THE petitioners before us who are the plaintiffs in suit No. 42 of 1946 pending in the Court of the Fifth Subordinate Judge Alipore, filed a suit for partition against the defendant bank which has its registered office at No. 3, Mangoe Lane, Calcutta, for partition of certain immovable properties.

( 2 ) A preliminary decree by consent was passed on the 24th June, 1948 and a commissioner for partition was appointed.

( 3 ) IT appears that in respect of certain properties, the plaintiffs by subsequent transfer became the sole owners. No question arises as to the partition of these properties.

( 4 ) A compulsory winding up order of the bank was made by this Court and on 1st April, 1949, a liquidator appointed. The cause title of the suit was then amended by bringing on the records of the suit the liquidator as a party to the suit. Leave was obtained under Section 171 of the Indian Companies Act to continue the suit.

( 5 ) THEREAFTER the petitioners applied to the learned Subordinate Judge at Alipore for a direction on the Commissioner of partition to allot to them the properties of which they had become the sole owners by purchase as aforesaid. The Court granted the petitioner's prayer.

( 6 ) ANOTHER application was made before the learned Subordinate Judge by the plaintiffs for an order on the Commissioner of partition to file the final report in respect of the partition of the other properties.

( 7 ) ON 27th November, 1950, an objection was taken by the bank (in liquidation) saying that the learned Judge had no longer any jurisdiction over the title suit and that it stood transferred to the High Court. The learned Judge upheld this objection by an order from which the petitioners have filed this revision petition.

( 8 ) IT is contended on behalf of the plaintiffs that the Court below acted illegally and with material irregularity in the exercise of its jurisdiction in holding that the Court had no jurisdiction to try the suit or that it stood transferred to the High Court.

( 9 ) THE question before us is as to whether the learned Judge's order is right. The question depends upon the meaning of the three sections of the Banking Companies Act, 1949 (X (10) of 1949) as amended by the Act of 1950. These sections are 45 A and 45 B of the Act of 1949 and Section 11 of the Act of 1950. Sections 45 A and 45 B are in part 3 A of the Act which makes special provisions for speedy disposal of winding up proceedings.

( 10 ) SECTION 45a defines the Court. "in this Part and Part III, "court" means the High Court exercising jurisdiction in the place where the registered office of the banking company which is being wound up is situate, and notwithstanding anything to the contrary contained in the Indian Companies Act, 1913 (VII (7) of 1913), 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. "

( 11 ) THE relevant portion of Section 45 B is as follows:"powers of Court to decide all claims by or against banking companies: (1) Notwithstanding anything to the contrary contained in the Indian Companies Act, 1913 (VII (7) of 1913) or in any other law for the time being in force, the Court shall have full power to decide all claims made by or against any banking company (including claims by or against any of its branches in any Province of India) and all questions of priorities and all other questions whatsoever; whether of law or fact, which may arise in the course of the winding up of the banking company coming within the cognizance of the Court, or which the Court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case. "

( 12 ) IT is clear from these sections that it is the High Court and (no other Court) which has jurisdiction to decide any