JOSEPH Vs. BANK OF DECCAN LTD

JUDGEMENT

(1.) THE petitioner wants to sell the property in question in execution of a decree which he claims gives him a prior charge to the charge held by the 1st respondent, a banking company in liquidation. This straightaway brings his case within S. 45b of the Banking Companies Act and this Court alone has jurisdiction to hear and determine the petitioner's claim. S. 45c has no application since the execution application was filed only after the winding up order was made and leave cannot be granted to continue a proceeding in a Court which has no jurisdiction. I dismiss the petition with costs of Rs. 25. Dismissed.