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1949 Supreme(P&H) 44

S.R.DAS, HARNAM SINGH, KAPUR
Bhagwanti – Appellant
Versus
New Bank of India – Respondent


Advocates:
Ved Vyasa, B.R. Tuli and K.L. Gosain - for Petitioner.Basant Krishan Khanna, Advocate-General, as amicus curia - for Respondent.

Judgement

S. R. DAS C.J. - When I started taking up the liquidation matters as the Company Judge of this Court Ifound that there were pending a large number of applications or petitions by creditors of different banks working under different schemes sanctioned by this Court for payment of the installments that had fallen due under the scheme but not paid or for adjudicating upon their claim to priority as preferential creditors or for like reliefs. None of the banks, however, had actually gone into liquidations and none of the schemes had been sanctioned in course of winding up. These banks were and are going concerns but are now working under schemes sanctioned by the Court. Doubts arose in my mind as to whether, in such circumstances, the Court had any jurisdiction under the Indian Companies Act to entertain such summary applications by creditors on a mere petition to adjudicate upon their rights under the scheme or their claim that they are not bound by the scheme. On enquiry I was told that there was a clause in each of the schemes sanctioned by the Court authorising this Court to entertain such applications and that it had been the practice of the Court to do so. I was still du

































































































































































































































































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