Public examination orders are appealable where the statutory bar on appeals applies only to claim-based proceedings.

Section 45N of the Banking Companies Act, 1949 was construed as a limited bar applying only to claim-based civil proceedings where the subject matter is capable of valuation and finality attaches between the parties. It was held not to extend to an order directing public examination under section 45G, because such an order is not a claim adjudication of the kind contemplated by section 45N. The general appellate framework under section 483 of the Companies Act, 1956, together with the Kerala High Court Act, 1959, therefore remained available, and the appeal was maintainable.

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Issues: Whether an appeal lies against an order directing public examination under section 45G of the Banking Companies Act, 1949, or whether section 45N of that Act bars such an appeal and limits the appellate remedy under section 483 of the Companies Act, 1956.

Analysis: Section 45N was read as operating only in civil proceedings involving a monetary claim where the subject-matter can be valued and where finality is attached to the decision as between the banking company and the parties to that claim. The provision was held not to govern an order for public examination under section 45G, which is not a claim-based adjudication of the kind contemplated by section 45N. The appellate structure under section 483 of the Companies Act, 1956, together with the Kerala High Court Act, 1959, was treated as continuing to apply to such orders, and section 45N was construed as restricting appeals only in the cases expressly covered by it.

Conclusion: Section 45N does not bar the appeals, and the appeals were maintainable under section 483 of the Companies Act, 1956 and the rules framed thereunder.

Final Conclusion: The preliminary objection to maintainability failed, and the appellate remedy against the public examination order was upheld.

Ratio Decidendi: A statutory bar on appeal confined to specified claim-based civil proceedings does not extend to an order of public examination unless the provision expressly covers that kind of order; the general appellate right under the company-winding-up framework remains unaffected outside the restricted class.

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