SANJIB BANERJEE, J.: –

1. A preliminary point has been taken by the company to ward off admission of this creditor’s winding-up petition. The company says that Section 32 of the Coal Mines (Nationalisation) Act, 1973 gives the company a special status and such provision, by virtue of Section 28 of the said Act, has overriding effect over the provisions of the Companies Act, 1956 which is the general statute. The company maintains that without previous leave being obtained from the Central Government under Section 32 of the 1973 Act, the petitioner could not have launched the present proceedings.

The petitioner has carried an ex parte decree of the City Civil Court and says that upon the company’s failure to discharge such decretal debt, the company is liable to be wound up. A notice under Section 434 of the Companies Act has been issued on behalf of the petitioner and received by the company. The company asserts that it is a mining company within the meaning of Section 2(j) of the 1973 Act. The company insists that since the mines ultimately controlled by the company are vested in the Central Government, the company is entitled to the special protection under Section 32 o