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PETITIONER: THE BRIHAN MAHARASHTRA SUGARSYNDICATE LTD.
Vs.
RESPONDENT: JANARDAN RAMCHANDRA KULKARNIAND OTHERS
DATE OF JUDGMENT: 22/02/1960
BENCH: SARKAR, A.K. BENCH: SARKAR, A.K. DAS, S.K. HIDAYATULLAH, M.
CITATION: 1960 AIR 794 1960 SCR (3) 85 CITATOR INFO : R 1992 SC 180 (3)
ACT: Company Law-Proceedings Pending under the repealcd Act-If and when could be continued-Indian Companies Act, 1913. (VII of 1913) s. 153-C-Companies Act, 1956, (1 of 956) ss. 10 and 647.
HEADNOTE: The respondent had made an application under s. 53-C Of the Companies Act, 1913, with an alternative prayer for winding up against the appellant company, to the District judge, Poona, who had been authorised under the Act to exercise jurisdiction. While the application was pending the Companies Act, 1913, was repealed by the Companies Act, 1956. The appellant company thereupon applied to the District judge to dismiss the application on the ground that he had ceased to have any jurisdiction to deal with the application on the repeal of the Companies Act Of 1913. Held, that s. 6 of the General Clauses Act preserved the jurisdiction of the District judge to deal with the application under S. 153-C Of the Indian Companies Act Of 1913, notwithstanding the repeal of that Act. Section 647 of the Companies Act, 1956 did not indicate a...