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TMI Blog1976 (11) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... llaneous Case No. 136 of 1976 (Agra Electric Supply Co. Ltd. (in voluntary liquidation) v. Nagar Mahapalika, Agra) in the Civil Judges Court, Agra, inter alia , for the recovery of charge, for supplying electric energy in bulk being the amount of Rs. 5,43,386.56 together with interest thereon at the rate of 6 per cent. per annum and other costs. The plaintiff-company after its undertaking was taken over by the U.P. State Electricity Board by purchase after the same was requisitioned by a letter dated the 4th of December, 1972, the company was paid a sum of Rs. 25,00,000 "as and on account" payment towards the purchase price. Thereafter, the company went into members voluntary liquidation and the plaintiffs Nos. 2, 3 and 4, Saradind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 191 (Ch D), Vernon Lloyd Owen v. Alfred E. Bull [1936] 6 Comp. Cas. 453 ; AIR 1936 PC 322 at 324 and submitted that there is no difference between voluntary winding up and winding up by court as in both cases the company is in liquidation and the company court has the jurisdiction in the matter of a company which has its registered office within the territorial jurisdiction of the court and if necessary, the court could pass appropriate orders to enable the liquidator to collect the assets of the company and authorise such proceeding and also bring the proceedings from other courts to the company court under whose jurisdiction the company is situated and try the same if it is satisfied that such proceeding is not vexatious and oppres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1956, does not incorporate section 446. Relying on the said decision, Mrs. Mukherjee submitted that the present application is not maintainable as section 446 has no application to a voluntary winding-up. Mrs. Mukherjee, therefore, submitted that the application should be dismissed and she also contended that the balance of convenience is in favour of the suit being tried at Agra as the respondent admittedly being the defendant in the suit has all its material evidence, both documentary and witnesses, in Agra and the balance of convenience is overwhelmingly in favour of the suit being tried at Agra. Considering the matter very carefully I am of the view that the decision in Eastern Coal Co. Ltd. v. Sunil Kumar Roy [1969] 39 Comp. Ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... detrimental to the interest of the company, its shareholders and creditors. The suit relates to realisation of the dues of a company, prima facie an asset, and quite a substantial one. Therefore, under these circumstances, in my view, the balance of convenience is entirely in favour of the suit being tried by this court apart from the statutory provisions under section 446(3) read with section 518(1)( b ) of the Companies Act, 1956, containing a non obstante clause and an exclusive power to this court being conferred by the statute for getting the suit transferred and disposed of. In the result, I am making the following order : The suit being Miscellaneous Case No. 136 of 1975 ( Agra Electric Supply Co. Ltd. (In voluntary liquidation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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