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Gauhati High Court · body

1955 DIGILAW 9 (GAU)

Bank of Assam Ltd. v. Golok Chandra Baruah

1955-02-03

H.DEKA

body1955
This case was started on an applica­tion of the Bank of Assam Ltd. (since changed to The Loan Company of Assam Ltd.) for transfer of certain suits pending against the debtors as enume­rated in Annexure A attached to the petition. The prayer was for transfer of these pending suits to this Court under S. 45C, clause (3) of Part IIIA of the Banking Companies (Amendment) Act, 1953. On receipt of the application, notice was issued on the alleged debtors who are defendants in the suits, and some of them have put in appearance in this Court and have opposed the prayer for transfer of their suits to this Court on the ground, inter alia, that S. 45C has no application to the facts and cir­cumstances of the case and there can be no order for transfer of these proceedings to this Court inasmuch as the petitioning Bank is not under an order of winding up, nor is any such application pending for its winding up. (2) Mr. Ghose appearing for the Bank (now The Loan Company) contends that S. 45C empowers this Court to transfer those suits by virtue of S. 45B, which enumerates the powers that the High Court can exercise in regard to the Banking Companies. He further places before me S. 45C and urges that no other Court can proceed with these matters ex­cept with the leave of the High Court as the High Court enjoys the power of speedy disposal of the pending suits and claims for and against the Bank­ing Companies after the Banking Companies (Amend­ment) Act has been passed. Mr. Ghose further draws my attention to Ss. 45D and 45M of the Act and contends that even though the petitioning Company is not under an order of winding up, it can avail of the advantages given under the Amending Act because it is working under a scheme of arrangement as envisaged by S. 153 of the Companies Act. (3) The learned Advocate General appearing on i of two of the debtors, Nos. (3) The learned Advocate General appearing on i of two of the debtors, Nos. 21 and 23, con­tends that apart from other considerations, the word­ing of S. 45C is clear enough not to bring in the cases of the Companies which are working under a scheme of arrangement under S. 153 of the Com­panies Act, and that the power of transfer given under that section applies only in cases where a winding up order is made or has been made in res­pect of a Banking Company. Other advocates too adopt this argument. (4) I can quite see for myself that Ss. 45D and 45M have no reference to an order under S. 45C. This section stands all by itself and refers to transfer of pending proceedings, and this power of transfer given to the High Court extends only to cases of the Companies where a winding up order is made or has been made. It is admitted even by the petitioner that there is no order for winding up of the Com­pany in question, and unless there be any reference to a Company working under S. 153 of the Com­panies Act in the empowering section of the Bank­ing Companies (Amendment) Act, we cannot bring in those cases which seem to be outside the pale of the High Court's power of transfer under sec­tion 45C. The Trial Courts need not be under a wrong impression, as apprehended by the petitioner, that they cannot proceed with the suits pending before them, because it is clear that those pending suits are not touched by the words of S. 45C, as I have held above. (5) It is, therefore, ordered that this applica­tion be dismissed as misconceived, but it is desired that the Courts where the suits are pending, must exert their best to dispose of the cases as quickly as possible, as that seems to be the intention of the Legislature in bringing these amending Acts into being. In the circumstances of the case, I do not ,i propose to pass any order for costs against the peti­tioner, as the remedy is quite new and there might be a chance of misunderstanding the position. Application dismissed.