1973 (9) TMI 78 - HC - Companies Law

Court directs liquidator to prioritize claim under Companies Act, excludes electricity supply.

The court partially allowed the appeal, directing the liquidator to admit the claim of Rs. 633.83 as entitled to priority in payment under Section ... Winding up - Preferential payments Issues Involved:1. Priority in payment under Section 530(1)(a) of the Companies Act.2. Definition and scope of 'revenue' payable to a local authority.3. Applicability of the doctrine of noscitur a sociis to interpret the term 'revenue.'Issue-wise Detailed Analysis:1. Priority in payment under Section 530(1)(a) of the Companies Act:The petitioner, a local authority, claimed priority in payment for an amount of Rs. 4,141.69 from the company in liquidation. The liquidator admitted the claim but rejected the priority in payment except for Rs. 629.83, which was the amount of electricity duty payable to the State Government. The petitioner challenged this decision under rule 164 of the Companies (Court) Rules. Section 530(1)(a) of the Companies Act provides that in a winding-up, all revenues, taxes, cesses, and rates due to the Central or State Government or a local authority, and having become due and payable within twelve months before the relevant date, shall be paid in priority to all other debts. The court confirmed that the amount of Rs. 629.83, being the electricity duty, and Rs. 4 as notice charges were entitled to priority in payment.2. Definition and scope of 'revenue' payable to a local authority:The core issue was whether the amount claimed by the petitioner constituted 'revenue' payable by the company to the local authority. The court examined the definition of 'local authority' and concluded that the electricity department of the Petlad Nagar Palika is part of the local authority. The court referred to various legal precedents to understand the term 'revenue.' It was established that 'revenue' typically means income derived by the State or local authority from compulsory exactions like taxes, cesses, and rates, not from commercial activities. The court held that the amount claimed for electricity consumption did not constitute 'revenue' within the meaning of Section 530(1)(a) of the Companies Act, as it was payment for goods supplied (electricity) and thus a commercial activity.3. Applicability of the doctrine of noscitur a sociis to interpret the term 'revenue':The court applied the doctrine of noscitur a sociis, which means that the meaning of a word is influenced by the words surrounding it. Section 530(1)(a) uses the term 'revenue' alongside 'taxes, cesses, and rates,' all of which are compulsory exactions. The court concluded that 'revenue' should be understood in a similar context, implying compulsory payments to the government or local authority, not income from commercial activities. The court emphasized that if the legislature intended 'revenue' to cover all income sources, it would not have specified taxes, cesses, and rates separately.Conclusion:The court partially allowed the appeal, directing the liquidator to admit the claim of Rs. 633.83 as entitled to priority in payment. The balance of the claim, being for commercial activity (supply of electricity), was not entitled to priority. The court confirmed the liquidator's rejection of priority for the remaining amount and made no order as to costs.