LexDHIRENDRA CHANDRA PAL versus ASSOCIATED BANK OF TRIPURA LTD.
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•954
· Dectmber 6
1098
SUPREME COURT REPORTS
DHIRENDRA CHANDRA PAL
"·
ASSOCIATED BANK OF TRIPURA LTD.
(IN LIQUIDATION)
(1955]
(MEHR CHAND MAHAJAN C.J., BHAGWATI, JAGAN-
NADHADAS and VENKATARAMA AYYAR JJ.]
Banking Companies Act (X of 1949), ss. 45-B, 45·G (insmed by
Act XX of 1950)"-Claims decided under s. 45-B-Procedure to be
followed.
The object of the Banking Companies Act, 1949 is to provide a
machinery for expeditious and speedy termination 9£ proceedings in
liquidation and in the absence of any specific provisions of the Act
to the contrary or any rules framed by the High Court under s. 45.G
of the Act {inserted by Act XX of 1950) the normal procedure for
deciding all claims under s. 45-B of the Act (inserted by Act XX of
1950) should be a summary proceeding originating with an applica-
tion. But the court in its discretion may think fit to direct or the
rules of the High Court may provide that a suit is
the
proper
remedy in view of the nature -0£ claim made and the questions in·
volved in such claim.
Sree Bank v. Mukherjee ([1950] 55 C.W.N. 400), referred to.
J
JURISDICTIOJ< :
Civil
Appeal
r
CIVIL
APPELLATE
No. 91 of 1953.
Appeal from the Judgment and Decree dated
the
the 12th day of June 1951 of the High Court of Judi-
cature at
Calcutta in Appeal
from Original Decree
No. 56 of 1951 arising out of the
Decree
dated
the
8th day of March 1951 of the saicl.
High
Court exer-
cising its Ordinary Original Civil
Jurisdiction in Suit
No. 3993 of 1950.
H. f. Umrigar,
Rameshwar
Nath
and
Rajinder
Narain for the appellant.
A. N. Sinha and P. C. Dutta for the respondent.
1954.
December 6.
The judgment of the
Court
was delivered by
JAGANNADHADAS
J.-This is an
appeal,
by
leave
of the High Court of Calcutta under article 133(1) (c)
*For these two sections 45-B and 45-G (inserted by Act XX of 1950) two
new sections 45-B and 45-U \Vere inserted bys. 10 of Act Lil of 1953.
-
-
..
,
S.C.R.
SUPREME COURT REPORTS
1099
'( of the Constitution, from its judgment in its appellate
jurisdiction confirming that of a Single Judge of the
Court. The point involved is a short one and arises on
the following facts.
The respondent
before us,
As-
(•
' 'i
'
'
sociated
Bank of
Tripura Ltd., went into liquidation
on the 19th
December, 1949.
A month prior to
the
liquidation, i.e., on the 19th
November,
1949,
the
appellant before us and the
Bank
entered into
an
agreement whereby the appellant
became a tenant
of
the Bank in respect of a certain parcel of land. One of
the terms of the tenancy-agreement was
that
the ap-
pellant should vacate the land demised on 24 hours'
notice.
After the
Bank
went into
liquidation
the
Liquidator served on the appellant on the 18th April,
1950, a notice terminating
his tenancy
and
calling
upon him to
vacate the land and to hand
over pos-
session by the end of April, 1950. This not having
been done, the
Liquidator
filed an application on
the original side of the High Court under section 45-B
of the Banking Companies Act for ejectment of the
appellant and obtained an ex parte decree against
him
on the 10th
July, 1950.
On the 28th
August,
1950,
the appellant applied
for setting
aside
the
ex parte
--. decree but the application was dismissed
on the 7th
September, 1950.
Consequently the appellant filed the
present suit on the 12th September, 1950, in the origi-
nal side of the High Court, asking for a declaration
that the ex parte decree against him was made
with-
out jurisdiction and was a nullity
and that
he conti-
nued to be a tenant notwitl1standing the · said ex parte
decree.
The plaint
does not specifically mention
the
reason for claiming the decree to be without
jurisdic-
tion or nullity.
But the point taken at the trial was
that the Court had no power to deal with a question
relating to the ejectment
of the
appellant from the
demised land, in a summary
proceeding initiated
on
an application but could pass the decree only on a
suit regularly
instituted.
This contention
was raised
on the basis of a judgment of the Calcutta High Court
I
Y-"t
given on the 24th August, 1950, that in respect of
such a relief under
section 45-B a summary
proceed-
Dhirendra
Chandra Pal
v.
Associated Bank of
T ripura Ltd.
Jagannadhadas J.
1954
Dhirmdrd
Chandra Pal
v.
Associated Bank of
Tripura IJd.
Jagaanadhadas ].
llOO
SUPREME COURT REPORTS
[1955J
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