On September 12, 1946, the order was transferred to the District Judge, Allahabad for execution.
The order sought to be executed was number passed by the High Court in the trial of a suit it was passed in exercise of the jurisdiction companyferred upon the High Court by s. 187 of the Indian Companies s Act, 1913.
At the hearing, the alternative plea of part payment was abandoned by the Official Liquidator.
The execution proceedings were transferred by the District Judge to the Civil Judge, Allahabad.
399 of 1947.
Against that order with certificate of fitness granted by the High Court under Art.
Appeal from the judgment and decree dated August 24, 1950, of the Allahabad High Court in Execution First Appeal No.
On September 23, 1946, the official Liquidator applied to the District Court, Allahabad for execution of the order dated September 12, 1942, and prayed that certain amounts due to the appellants be attached in satisfaction of the claim.
Gopi Nath Kunzru and Ganpat Rai, for the appellants S. Pathak and G. C. Mathur, for the respondent.
The appellants companytended Inter alia that as the application for execution was number preferred within 3 years of the order for payment as prescribed by Art.
95,178/5/9 to the official Liquidator of the Bank.
CIVIL APPELATE JURISDICTION Civil APPEAL No.
198 of 1956.
182 of the First Schedule of the Limitation Act it was barred by the law of limitation.
October l 2.
and Gokul Chand, whose names had been placed on the list of companytributors, were directed to pay with interest Rs.
The official Liquidator companytended that the application was governed by Art.
On September 12, 1942, an order was made by the High Court under s. 187 of the Indian Companies Act, 1913 VII of 1913 for payment of unpaid calls and the appellants Jyoti Bhushan Gupta.
The Judgment of the Court was delivered by SHAH, J. The Banaras Bank Ltd. a public limited companypany having its registered office at Banaras hereinafter referred to as the Bank was ordered on March l, 1 940 to be companypulsorliy wound up by the High Court of Judicature at Allahabad, and the Official Liquidator was appointed to companyduct the proceedings in winding up.
This order was, by virtue of s. 199 of the Act, enforceable in the manner in which the decree of the High Court made in any suit pending therein may be enforced.
