1941 (7) TMI 17

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s: one is a Letters Patent appeal from the decision of a learned Judge of this Court sitting in Chambers and the other is an execution second appeal from the order of the Additional District Judge of Gujrat, which came before a single Judge who has referred it to a Division Bench as the point involved is the same as in the Letters Patent appeal. The facts which gave rise to the point of law that .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on to contribute to the assets of the Company in discharge of his liability and shall be contributories accordingly." It is perfectly clear that section 160 (1) does not deal with payment orders at all. All section 160 enacts is that if a person on the list of contributories is dead, his legal representatives and his heirs are liable in due-course of administration. Reference was made by Mr. Pur .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e arises from the fact that the deceased person had been placed on the list of contributories, and not from the payment order, and lies against the estate in due course of administration as enacted in section 160 of the Indian Companies Act. For this reason the Letters Patent appeal is dismissed with costs and the second appeal is allowed with costs with the direction that the order for the exec .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X