Statutory remedy excludes civil jurisdiction where companies law specifically governs claims against voluntary liquidators.

A civil court was held to lack jurisdiction over shareholders' claims against voluntary liquidators for rendition of accounts, misfeasance, non-feasance and distribution of surplus assets because the Companies Act provided a special statutory mechanism for those matters. The winding-up scheme vested the court under the Act with control over voluntary winding up, including determination of questions arising in the winding up, removal of liquidators and awards for misfeasance or non-feasance. As the alleged liability was created by statute and paired with a specific remedy, the ordinary civil court's jurisdiction was impliedly excluded, and the dispute had to be pursued before the forum under the Act.

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Issues: Whether a civil court had jurisdiction to entertain a suit by shareholders against voluntary liquidators for rendition of accounts, misfeasance, non-feasance, and distribution of surplus assets, or whether such relief lay exclusively before the court under the Companies Act.

Analysis: The winding-up provisions applicable to the company were those preserved by section 647(2) of the Companies Act, 1956, and the statutory scheme vested the court under the Act with control over voluntary winding up, including powers to determine questions arising in the winding up, remove liquidators, and award damages for misfeasance or non-feasance. The reliefs claimed in the suit were of the very kind contemplated by the company law machinery, and the liability alleged against the liquidators was one created by statute and coupled with a special statutory remedy. In such a situation, the ordinary civil court could not assume jurisdiction where the remedy was intended to be pursued before the court under the Act.

Conclusion: The civil court had no jurisdiction to entertain the suit, and the matter was required to be pursued before the court under the Companies Act.

Final Conclusion: The revision succeeded, the order of the lower court was set aside, and the plaint was returned for presentation to the proper forum.

Ratio Decidendi: Where a statute creates the liability and provides a special remedy for enforcing it, that statutory remedy must be followed and the ordinary civil court's jurisdiction is impliedly excluded.

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