1942 (7) TMI 17

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.... charges at the rate, we understand, of Rs. 1-8-0 for each plaint in respect of some 1100-1200 suits filed by Mr. Tilokchand on behalf of the liquidators. It appeals that the winding up order was made on 23rd February 1938 by the same learned Judge who passed the order now under appeal, and in the course of this winding up order the learned Judge continued an existing appointment of Mr. Tilokchand as legal adviser of this society under section 181, Companies Act. Mr. Tilokchand, it seems, had been the legal adviser of the society for some time before the winding up order was passed, and he was in enjoyment of remuneration on that account of Rs. 600 per annum. While continuing Mr. Tilokchand as legal adviser, the learned Judge stated in his ....

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.... as was perhaps to be expected, when asked to give their opinion on the matter of legal adviser's remuneration, they were not very definite in their recommendations. Two of them suggested that Mr. Tilokchand should receive in all an amount of Rs. 1500, one suggested that he should receive Rs. 1500 and such fees as he could claim for suits conducted by him; while the other two merely suggested that he should be paid what was legally due. The learned Judge made an inquiry into the number of suits conducted by Mr. Tilokchand, but he held that the orders which he had made appointing or continuing Mr. Tilckchand as legal adviser contemplated that his remuneration was to be fixed by the liquidators subject to the orders of the Court and that this....

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....in our opinion, this objection must be sustained. Section 202, Companies Act, provides for appeals from any order or decision made or, given in the matter of the winding up of a company, and we think that the order or decision of the learned Judge, if it can be so termed, was not made or given in the matter of the winding up of a company, but was of the nature of a ministerial order setting a dispute which had arisen in the establishment which had to be employed under the liquidators as machinery for effecting the winding up of the company. It is quite clear that Mr. Tilokchand, except perhaps so far as any remuneration was due to him by reason of his official position with the company before the winding up order was made, was not affected....