PEOPLES INSURANCE CO LTD Vs. SARDUL SINGH CAVEESHAR

JUDGEMENT

(1.) The Official Liquidator of the People's Insurance Company Limited (in liquidation) presented a petition purporting to be under Section 436 read with Section 438 of the Companies Act, 1956, and Section 151 of the Code of Civil Procedure, praying that certain cases may continue to be heard by this Court and not transferred to the Court of the District Judge, Delhi. A reference was made in the petition to the recent Full Bench decision of this Court in National Planners, Ltd. v. Contributories, etc., 1958-60 Pun LR 187 : (AIR 1958 Punj 230), where it was held that winding up proceedings pending before the District Judge must continue in that Court and it was not necessary under the Companies Act of 1956 to transfer such proceedings to the High Court. The petition mentioned that there were the following cases pending in this Court and in some of which evidence has already been recorded while in others processes have been issued for recording of evidence : 1. C. O. 38 of 1956, under section 185 of the Indian Companies Act;

(2.) C. O. 39 of 1956, under Section 185 of the Indian Companies Act;

(3.) C. O. 57 of 1956, under Section 185 of the Indian Companies Act;