M.MADHAVAN NAIR, M.S.MENON
CHACKO – Appellant
Versus
THE CATHOLIC BANK OF INDIA LTD. – Respondent
1. In A. S. No. 544 of 1961, we have held that the court fee payable on appeals from orders under the Companies Act was under Art. VI, Sch. II of the T. C. Court Fees Act, 1125, corresponding to Art. XI, Sch. II of the Indian Court Fees Act. Raman Nayar, J., in a note to the Registrar, pointed out that that ruling does not apply to appeals under the Banking Companies Act. Finding that on this appeal "under S.45N of the Banking Companies Act, 1949", Court fee of Rs. 2/- only has been paid, as if under Art. VI aforesaid, the office has made this reference.
2. Art. VI, Sch. II of the T. C. Court Fees Act, 1125 read thus: WI. Memorandum of Appeal, when (a) to any Civil Court, other the appeal is not from a decree than the High Court, or or an order having the force to any Revenue Court or of a decree and is presented. Executive Officer subordinate to the Government) One rupee (b) to the High Court or the the Government. Two rupees."
Obviously, this Article would not come into play if the order appealed against was one having the force of a decree.
3. In the Companies Act, 1956, S.483 deals with appeals and S.634 deals with the nature of the orders under the Act.
"483. Appeals f
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