1976 (11) TMI 153 - HC - Companies Law

Summary

Issues:
Transfer of suit under section 446 and 518 of the Companies Act, 1956 from Civil Judge, Agra to High Court of Calcutta.

Analysis:
The petitioner filed a suit against the respondent in the Civil Judge's Court, Agra, for the recovery of a substantial amount due for supplying electric energy. After the company went into voluntary liquidation, the suit was filed hurriedly to save limitation. The petitioner sought the transfer of the suit to the High Court of Calcutta under section 446 and 518 of the Companies Act, 1956, citing the company's liquidation status and the balance of convenience. The petitioner's counsel argued that the High Court has jurisdiction over the company's assets and the transfer would expedite the liquidation process. The balance of convenience was also highlighted, emphasizing that all relevant documents were within the High Court's jurisdiction.

The respondent contended that section 446 does not apply to voluntary winding-up, citing a previous court decision. The respondent argued that the suit should remain in Agra as all material evidence and witnesses were located there, asserting that the balance of convenience favored the Agra court. However, the court distinguished the previous decision cited by the respondent, stating that the facts were different, and section 518 of the Companies Act, 1956, was not considered in that case. The court emphasized that under section 518(1)(b), the High Court had the power to transfer the suit in a voluntary winding-up scenario. The court agreed with the petitioner's arguments, noting the importance of expediting the liquidation process and ensuring convenience for all parties involved.

In the final judgment, the court ordered the transfer of the suit from the Civil Court, Agra, to the High Court of Calcutta under section 446(3) of the Companies Act, 1956, read with section 518(1)(b). The Registrar of the High Court was directed to inform the Civil Court, Agra, to send the suit records promptly. The suit was scheduled to appear in the High Court's list for further direction after the records were received, emphasizing the need for expeditious resolution in the interest of the company, its shareholders, and creditors.