1967 (3) TMI 82

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.... the company, the liquidator under my direction originally took out notices to all such debtors under section 477 of the Companies Act, which were dealt with under Single Application No. 26/1965. Majority of the debtors served with notice appeared in court and admitted the claims made against them by the liquidator on behalf of the company. In some cases where there was dispute or lack of agreemen....

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....and has also appeared and explained the same to me. The application can be entertained by the company court by virtue of subsection 1 of section 446 of the Companies Act, according to which the court which is winding up a company has, notwithstanding anything contained in any other law for the time being in force, jurisdiction to entertain and dispose of any suit by or against the company. The ....

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.... the State legislature has power to legislate on the topics enumerated therein, one of which is fees taken in all courts except in the Supreme Court. Entry No. 96 of List I, which empowers Parliament to legislate on fees in respect of any of the matters enumerated in said list, expressly excludes therefrom fees taken in any court. The result is that, although section 446 (2) of the Companies Ac....