EASTERN COAL CO LTD Vs. SUNIL KUMAR ROY

JUDGEMENT

(1.) By this application the plaintiff, the Eastern Coal Co., Ltd., asks for amendment of the plaint presented and admitted on July 10, 1956.

(2.) The plaintiff company went into a members' voluntary liquidation on June 26, 1958. And the amendment asked for seeks to incorporate that only, in the plaint, in suitable terms.

(3.) The first attempt to defeat such amendment is rested on section 446 of the Companies Act, 1 of 1956, by which, amongst other things, all proceedings that pend in a court other than the Company Court, have got to be transferred to the Company Court, when a winding-up order has been made. When, however, it is pointed out that what bulks large here is a case of members' voluntary winding-up, not a winding-up by the Court or subject to the supervision of the Court, and that section 489 does not list section 446 as one of the sections applicable to a members' voluntary winding-up, the attempt is given up, it being conceded that section 446 is irrelevant in the context. Indeed, occurring as it does under the Company Act's Part VII, Chapter II captioned 'Winding-up by Court,' it can, without more, do no duty here: a case of voluntary winding-up, provided for by Chapter III ibid.