1963 (11) TMI 43

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....appellant, a court-fee of Rs. 2-8-0 paid by him is what is prescribed for the appeal brought by him by article 11 of Schedule II to the Court-Fees Act, 1870 (Central Act VII of 1870) (as amended by Bombay Act XII of 1954). It is undisputed that the court-fee payable on the appeal preferred by the appellant is the court-fee prescribed by that Act, since the law in regard to court-fees operating in this State when the application for winding up of the company was preferred was that law. Article 11 of Schedule II to that Act reads :   Number - Proper fee II.Memorandum of appeal when the appeal is not from a decree, or an order having the force of a decree and is presented. (b)to a High Court or Chief Controlling Executiv....

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....at order was made was a formal adjudication conclusively negativing the right of the petitioner to obtain that order. It does not appear to us that the order made by Narayana Pai J, has the force of a decree. Now it should be remembered that an application that a company shall be wound up is an application which can be sustained on many grounds. But it will be seen that section 433 of the Companies Act, under the provisions of which the application was made in the present case, does not confer on any one an absolute right to seek an order that the company shall be wound up, but confers a discretionary power on the court to make an order that there shall be the winding up of the company. The opening words of section 433 are : "A compan....

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.... up of the company is refused, the status of an order having the force of a decree. Section 482 reads : "Any order made by a court for, or in the course of, winding up a company, shall be enforceable at any place in India, other than that over which such court has jurisdiction, by the court which would have had jurisdiction in respect of the company if its registered office had been situate at such other place, and in the same manner in all respects as if the order had been made by that court." There is nothing in section 634 to which Mr. Government Pleader referred in support of his contention that the order made by Narayana Pai J. has the force of a decree. That section reads : "Any order made by a court under this Act may be ....