ALPHONSE LIGOURI Vs. COURT LIQUIDATOR

JUDGEMENT

(1.) The Subordinate Judge of Meenachil in execution of the decree in O. S.42 of 1951 passed by the District Court of Kottayam in favour of the Bank of Meenachil Ltd. (in liquidation) passed the order sought to be revised returning the claim petition or objection to attachment filed by the revision petitioner under O.21 R.58 CPC. to the attachment of immovable properties effected before judgment on the ground that under S.45B of the Banking Companies Act, 1949 the High Court alone has exclusive jurisdiction to entertain and decide the same.

(2.) The Official Liquidator filed Report No. 82 in BCP. No. 6 of 1951 which relates to the winding up of the Bank of Meenachil Ltd., under S.45C(2) of the Banking Companies Act, 1949 bringing to the notice of this Court the pendency of the proceedings to execute the decree in OS. 42 of 1951 of the District Court, Kottayam in the Meenachil Sub Court. Since this court did not decide to transfer the execution proceedings to the file of this Court under S.45C(2) of the Banking Companies Act, 1949 the execution proceedings are being continued under S.45C(4) of the Banking Companies Act, 1949 in the Sub Court, Meenachil where the proceedings were then pending.

(3.) Certain items of immovable properties which were attached before judgment on 5 1 1952 in O.S. 42 of 1951 are now sought to be proceeded against in execution of the decree in the Sub Court, Meenachil. The revision petitioner preferred the claim or objection to attachment based on Ex. XI a sale deed in his favour executed on 22 4 1950 by the judgment debtor. It was this claim or objection to attachment that was refused to be investigated under O.21 R.58 by the learned Sub Judge, for the reason already mentioned.