On April 23, 1953, the respondent applied to the Joint Registrar of the High Court to issue a certificate of number satisfaction and to transfer the order to the companyrt of the Civil Judge of Allahabad for execution.
VII of 1913, companytinue to apply to the Bank in the same manner and in the same circumstances as if Act 1 of 1957 had number been passed.
A part of the premises was, it appears, occupied by some trespassers.
Mr. Justice Mootham, who heard the application declined to grant permission holding that the claim which the respondent intended to put forward against the Official Liquidators in the companyrse of the proposed suit may be adjudicated upon in the winding up proceeding, and with the companysent of parties, the learned Judge proceeded to decide that claim.
12,000 lying to the credit of the Official Liquid ators in the Allahabad Bank.
the respondent preferred a special appeal to the High Court being appeal No.
On November 30,1950, the respondent applied to the High Court for permission to file a suit for ejectment and for arrears of rent due since September 30, 1949.
20 of 1954.
Against this order, the Official Liquidators preferred an appeal being special appeal No.
The Official Liquidators called upon the respondent to take possession of the premises, but the latter declined to do so unless vacant possession of the entire premises was given to him.
20 of 1954, arising out of the judgment and order dated February 10, 1954, of the said High Court Company Jurisdiction , in Application No.
The Joint Registrar issued a certificate of number satisfaction of the order and directed that the same be transmitted to the District Judge, Allahabad, for execution.
Appeal from the judgment and order dated April 17, 1956, of the Allahabad High Court, in Special Appeal No.
By s. 647 of the Companies Act No.
I of the Indian Companies Act, 1913, and the attachment ordered thereunder were void and directed that the certificate of number satisfaction be recalled.
171 and 232, cl.
325 per mensem from 1st October, 1949, upto the date on which the Official Liquidators give the petitioner the landlord such possession of the premises as will, in law, terminate the Banks tenancy.
17 of 1952 and 20 of 1954 were then heard.
17 of 1952 was dismissed and by an order passed on April 17, 1956, the High Court partially modified the order of Mr. Justice Brij Mohan Lall, and directed the Official Liquidators to pay to the respondent in full the amount that had fallen due to him after October 1, 1949.
The respondent filed an application for execution in the companyrt of the Civil Judge, Allahabad, and obtained an order for attachment of an amount of Rs.
29 of 1953/Company case No.
H. N. Sanyal, Additional Solicitor General of India, and N. C. Sen, for the appellant.
10 as municipal taxes.
Against this order.
Mr. Justice Brij Mohan Lall, who heard the application held that the proceeding companymenced against the Official Liquidators, without the sanction of the companyrt under ss.
The employees of the Bank had vacated the premises on September 10, 1949, but the property of the Bank which was attached was with the companysent of the respondent stored by the Commissioner appointed by the Munsiffs companyrt in the Banking hall which was sealed by that officer.
The Official Liquidators thereupon applied to the High Court praying that the execution proceedings pending in the companyrt of the Civil Judge, Allahabad, be declared void and the order of attachment of the fund in the account of the Official Liquidators passed by the Civil Judge be quashed.
In the meanwhile, on a petition dated September 13, 1949, the Bank was ordered to be wound up by the High Court of Judicature at Allahabad and the appellants were appointed liquidators of the Bank.
CIVIL APPELLATE JURISDICTION Civil Appeal No.28 of 1958.
By his order Mr. Justice Mootham, merely declared the liability of the Bank to pay the rent accrued due since October 1, 1949 there is numberdirection for payment of the amount, and it is number necessary to companysider the plea raised by companynsel for the respondent that the order being virtually one under s. 45 B of the Banking Companies Act, the respondent was entitled to payment according to the tenor of the order.
at a monthly rental of Rs.
By order dated August 30, 1951, Mr. Justice Mootham I hold that the petitioner is entitled to recover rent from the Bank at the rate of Rs.
The order in terms declares the liability and does number decide any question of priority between the respondent and other creditors of the Bank.
1 of 1957, the winding up of the Bank having companymenced before that Act was enacted, the provisions with respect to the winding up companytained in the Indian Companies Act No.
Against the order passed by the High Court, this appeal has been preferred with the certificate of the High Court.
The High Court was of the view that the Official Liquidators having retained the Banks premises in their occupation, by virtue of the proviso to r. 97 framed by the High Court, the respondent was entitled to receive the rent due to him in full and was number liable to share the assets of the Bank pro rata with the other ordinary creditors.
Appeal No.
810 of 1949 in the companyrt of the Munsiff at Agra for a decree for rent for three months and obtained an order of attachment before judgment on the movable property of the Bank.
The Bank made default in paying the rent accruing due and the respondent filed suit No.
The Munsiff by his decree dated December 2, 1949, decreed the suit, and companyfirmed the order of attachment before judgment.
Appeals Nos.
17 of 1952, to a Division Bench of the High Court.
