https://www.taxtmi.com/caselaws?id=293327 An ex parte payment order under the Companies Act may be set aside by the court of original jurisdiction under the Civil Procedure Code, including its inherent powers, where the statute contains no express contrary procedure. Section 169 of the Indian Companies Act was treated as inapplicable because it concerns rehearing in appellate jurisdiction, not the setting aside of an ex parte order. The payment order was also held not to be a decree, since an appeal lay from it as from an order; accordingly, Article 164 of the Limitation Act for ex parte decrees did not apply. The operative framework was therefore Order IX rule 13 read with sections 141 and 151 of the Civil Procedure Code. en-us Wed, 11 Feb 1920 00:00:00 +0530 Thu, 04 Feb 2021 18:05:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293327 An ex parte payment order under the Companies Act may be set aside by the court of original jurisdiction under the Civil Procedure Code, including its inherent powers, where the statute contains no express contrary procedure. Section 169 of the Indian Companies Act was treated as inapplicable because it concerns rehearing in appellate jurisdiction, not the setting aside of an ex parte order. The payment order was also held not to be a decree, since an appeal lay from it as from an order; accordingly, Article 164 of the Limitation Act for ex parte decrees did not apply. The operative framework was therefore Order IX rule 13 read with sections 141 and 151 of the Civil Procedure Code. Case-Laws Companies Law Wed, 11 Feb 1920 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293327