Special statutory appeal remains maintainable where no specific contrary provision excludes the Companies Act remedy.

A special statutory appeal under section 483 of the Companies Act remains available unless expressly excluded by a specific contrary provision. The court noted that section 100A of the Code of Civil Procedure bars further appeals only in the cases it covers, while section 4(1) preserves special laws unless displaced. An order passed in an appeal under section 10F was not treated as a civil court judgment or decree for section 100A purposes, and no express provision was shown to curtail the statutory appeal under section 483. The objection to maintainability was rejected, and the appeal was admitted for hearing on merits.

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Issues: Whether an appeal under section 483 of the Companies Act against an order passed in an appeal under section 10F of the Companies Act is maintainable notwithstanding section 100A of the Code of Civil Procedure.

Analysis: Section 100A of the Code of Civil Procedure bars further appeals in specified cases, but section 4(1) saves special laws unless there is a specific provision to the contrary. Section 483 of the Companies Act, as construed in earlier authority, confers a substantive right of appeal in matters of winding up, including orders passed under sections 397 and 398 read with the company jurisdiction provisions. The order under section 10F was not treated as a judgment and decree of a civil court for the purposes of section 100A, and no specific contrary provision was shown to curtail the statutory appeal under section 483.

Conclusion: The objection to maintainability was rejected and the appeal was held maintainable.

Final Conclusion: The special statutory appellate remedy under the Companies Act was preserved, and the appeal was admitted for hearing on merits.

Ratio Decidendi: A special statutory appeal remains available unless it is expressly taken away by a specific contrary provision; section 100A of the Code of Civil Procedure does not by itself extinguish an appeal preserved by section 4(1) of that Code and section 483 of the Companies Act.

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