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TMI Blog1964 (4) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... m their duties properly and committed various acts of misfeasance and non-feasance with the result that an attempt was made to have them removed in the High Court at Lahore. That matter was decided on the 12th of February, 1946, by Abdul Rashid C.J. and Achhru Ram J:, who, while commenting adversely on the performance of their duties by the voluntary liquidators, allowed- them to continue to act in that capacity on their assurance of more satisfactory conduct. A suit was instituted in the court at Amritsar, where the registered office of the company is situated, in June, 1960, in the name of the company and Balwant Rai Kumar, describing himself as chairman of the board of directors. These facts were mentioned in the plaint, and it was fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idator. Section 216 empowers the liquidator or any contributory or creditor to apply to the court to determine questions arising in the winding up and confers on the court all the powers in relation to voluntary winding up which it possesses in the case of a winding up by the court. There is in fact no doubt that the reliefs which are sought in the present suit could properly have been applied for and obtained from this court under the provisions of the Companies Act, but the question is whether this is the only remedy open to the plaintiffs, and it must be stated at once that, unlike some statutes, the Companies Act does not contain any express provisions barring the jurisdiction of the ordinary civil courts in matters covered by the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecial provision which I think can only be exercised by the court under the Act and not by an ordinary civil court. The position is summed up in the well known dictum of Willes J. in Wolverhampton New Waterworks Company v. Hawkesford [1859] 6 C.B.N.S. 336, 356 as under: "There are three classes of cases in which a liability may be established founded upon a statute : one is, where there was a liability existing at common law, and that liability is affirmed by a statute which gives a special and peculiar form of remedy different from the remedy which existed at common law; there, unless the statute contains words which expressly or by necessary implication exclude the common law remedy, and the party suing has his election to pursue e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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