1934 (8) TMI 6 - HC - Companies Law

Court grants appellant's appeal on objection rejection, allows deductions in revenue sale case

Krishna Chandra Boumick Versus Pabna Dhanabhandar Co. Ltd.

The court allowed the appellant's appeal regarding the rejection of their objection under Section 47 of the Code of Civil Procedure. The appellant, who ... Winding up – Overriding preferential payments Issues:- Appeal against rejection of objection under Section 47 of the Code of Civil Procedure.- Claim for deduction of money recovered on decree reversed and money paid for revenue and cess.- Entitlement to claim set off in execution proceedings.- Effect of respondent company going into liquidation on the appellant's claim.Analysis:The judgment deals with an appeal where the judgment-debtor contested the rejection of their objection under Section 47 of the Code of Civil Procedure. The appellant had purchased a Zemindary at a revenue sale, which was later set aside due to a suit filed by the respondent company, a mortgagee of the property. The appellant had paid the purchase money, which remained in deposit. The respondent company sought execution of the decree for costs, which the appellant resisted. The appellant claimed a deduction of the money recovered on the reversed decree and the amount paid for revenue and cess. The Subordinate Judge rejected the claim, citing reasons of limitation and complexity due to liquidation. The appellant argued that the claim was not time-barred and should be allowed. The court agreed that the claim was not time-barred as the ownership of the money was uncertain until the Judicial Committee's decision, allowing the deduction of the amount recovered from the surplus sale proceeds.Regarding the claim for the money paid for revenue and cess, the court noted that the respondent, as a mortgagee, was not liable for these payments, which were the eventual liability of the Pakrasis. The court modified the Subordinate Judge's order, allowing credit only for the amount recovered from the reversed decree. The judgment also addressed the concept of set off in execution proceedings, emphasizing that the executing court could entertain such claims. The court rejected the argument that the appellant's claim was a set off, stating that the principles of mutual dealings applied, allowing for adjustments between the parties. Additionally, the court clarified that the respondent company's liquidation did not affect the appellant's right to claim deductions if otherwise entitled. The judgment highlighted the statutory provisions and case law supporting the adjustment of balances in insolvency and liquidation scenarios, ensuring fairness in debt recovery processes. The court upheld the appellant's right to set off the deducted amount against the respondent's claim, providing a comprehensive legal analysis of the issues involved.