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TMI Blog1931 (2) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... the Indian Companies Act, took action under section 138 and appointed one Sheikh Din Mohammad to investigate the affairs of the Punjab Industrial Bank, Ltd. The investigator so appointed made his investigation and furnished a report, whereupon on the 8th of January, 1924, the Local Government, acting under section 141(3), passed an order directing that the expenses of the investigation amounting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court which came before Mr. Justice Jai Lal who, after an examination of the matter, dismissed the appeal. The Local Government represented by the Secretary of State for India has preferred this appeal under clause 10 of the Letters Patent and two questions have been argued before us. The first question was whether the debt in question was due to the Crown, and the second was whether all matters ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Noad urged that inasmuch as it was considered advisable to give priority in certain cases, even to secured creditors, section 230 of the Indian Companies Act was enacted in order that certain specified Crown (and other) debts may be given a further preference. This contention is supported by a decision of the Bombay High Court in Motor Emporium Company v. N. H. Moos AIR 1927 Bom. 606; 29 Bom. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... glish authorities cited. There can be no doubt that the provisions of section 229 of the Indian Companies Act make the rules of bankruptcy applicable as far as may be. Where, however, there is a conflict between the Indian Companies Act and the Insolvency Act, it is clear that the provisions of the Companies Act must be given effect to. An examination of section 230 of the Companies Act and a comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h by section 61 of the Provincial Insolvency Act with the object of superseding that section of the Insolvency Act and confining the decision on all such matters to the provisions of section 230 of the Companies Act. In my judgment, therefore, the view taken by the learned Judge in Chambers is correct and, I would, therefore, dismiss this appeal without considering whether or not the claim can be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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