Special statutory appeal rights survive a general bar on further appeals unless the later law clearly overrides them.

A special statutory right of appeal under the Companies Act is not displaced by a general bar on further appeals in the Code of Civil Procedure unless the later provision clearly and specifically overrides that remedy. The text explains that section 483 was treated as preserving an appeal in winding up jurisdiction, including matters arising from proceedings under sections 397, 398 and 10F, while section 100A did not expressly curtail that special appellate route. Section 4(1) was also read as preserving special enactments from general procedural restrictions. The appeal was therefore maintainable.

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Issues: Whether an appeal under section 483 of the Companies Act lay against an order passed by a Single Judge in an appeal under section 10F of the Companies Act, despite section 100A of the Code of Civil Procedure and in the light of section 4(1) of that Code.

Analysis: The appeal involved the interaction between the bar on further appeals introduced by section 100A of the Code of Civil Procedure and the saving language in section 4(1) of the same Code. The Court noted that section 483 of the Companies Act had been construed by the Supreme Court as conferring a substantive right of appeal in matters falling within winding up jurisdiction, including orders passed in proceedings under sections 397 and 398 read with section 10F. It held that section 100A did not expressly or specifically curtail that special statutory right, and that a general restriction on further appeals could not be read as repealing or overriding a special appellate remedy preserved by section 4(1). The Court also distinguished authorities dealing with statutes that did not contain a specific second appeal provision.

Conclusion: The objection to maintainability failed, and the appeal was held maintainable in favour of the appellant.

Ratio Decidendi: A special statutory right of appeal is not abrogated by a general bar on further appeals unless the later provision clearly and specifically overrides that special remedy.

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