Exclusive winding-up jurisdiction can cover occupancy-right disputes when they arise incidentally in a banking company liquidation.

Exclusive jurisdiction under the banking winding-up provisions extends to all claims and questions of law or fact arising in the course of winding up, and is not limited to monetary claims. On that construction, suits seeking pattas and determination of occupancy rights against a banking company in liquidation could be examined by the High Court because such issues were merely incidental to the winding-up process. The Court further held that there was no constitutional infirmity from legislative overlap, applying the principle of pith and substance. The second appeals therefore failed and the decrees below were upheld with costs.

---

---

Issues: Whether the High Court had exclusive jurisdiction under the banking winding-up provisions to entertain and decide suits for issue of pattas and determination of occupancy rights against a banking company in liquidation.

Analysis: The banking winding-up provisions were construed as comprehensive and overriding, conferring exclusive jurisdiction on the High Court in respect of all claims by or against a banking company and any other question of law or fact relating to or arising in the course of its winding up. The expression "claim" and the phrase "relating to winding up" were held to be of wide amplitude and not confined to money claims alone. The Court held that, although occupancy rights and landlord-tenant matters ordinarily fell within the State sphere, their determination in these proceedings was only incidental to the winding up of the banking company. On that footing, there was no constitutional infirmity, either because of legislative overlap or by applying the principle of pith and substance.

Conclusion: The suits were within the exclusive jurisdiction of the High Court and the contrary view of the courts below was affirmed.

Final Conclusion: The second appeals failed and the decrees below were upheld, with costs.

Ratio Decidendi: A statutory provision conferring exclusive jurisdiction on the High Court over all claims and questions relating to the winding up of a banking company overrides inconsistent State-court jurisdiction, and even matters ordinarily within State competence may be incidentally determined if they arise as part of the winding-up process.

---