JUDGMENT

Fforde, J. - The appellant B. Sri Narain is a contributory of the Union Bank of India, Delhi, which is now in course of liquidation. The Official Liquidator has called upon B. Sri Narain under the provisions of Section 186 of the Indian Companies Act to pay to him certain sums of money amongst which is an item of Rs. 2,000. This sum of Rs. 2,000 is expressed to be payable upon foot of a promissory note, dated the 13th April 1911, made by the appellant, and payable to the order of the Union Bank of India on demand.

2. The District Judge of Delhi made an order under Section 186 calling upon the appellant to pay to the Official Liquidator the several sums demanded, and the appeal is brought in respect of the item of Rs. 2,000.

3. Under the Indian Limitation Act a suit to enforce payment of this note would be barred by time. This is admitted; but it is claimed on behalf of the Liquidator that this statute-barred debt may be enforced against the contributory by an order under Section 186, Sub-section (1), of the Indian Companies Act. The relevant part of the section reads as follows:

The Court may at any time after making a winding up order, make an order on any contributory for th