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Issues: Whether an order fixing remuneration of a legal adviser appointed in a company's liquidation was appealable under section 202 of the Companies Act, 1913.
Analysis: The order under challenge was treated as a ministerial or administrative order made in the course of liquidation, dealing with a dispute arising between the liquidators and a person engaged to assist them. Such an order was not regarded as one made or given in the matter of the winding up of the company within the meaning of section 202. The Court relied on the restricted scope of the appeal provision and noted that similar disputes over remuneration or expenses of persons employed by liquidators do not themselves become orders in winding up proceedings merely because they arise during liquidation.
Conclusion: The order was not appealable under section 202 of the Companies Act, 1913, and the appeal was dismissed with costs.
Ratio Decidendi: An order passed in the course of liquidation that merely settles an administrative or ministerial dispute relating to remuneration of a person employed by the liquidators is not an order made in the matter of the winding up of the company and is not appealable under section 202 of the Companies Act, 1913.