1927 (4) TMI 1

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.... directors of the abovenamed company should appear before this Court for examination as to their dealings in respect of the affairs of the above company. This order which was made under the provisions of Section 195, Companies Act (7 of 1913) is the subject-matter of the present appeal. It is unnecessary for me to set out the facts involved in the present appeal because the same are to be found in....

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....ection it would appear that an order made in the matter of the winding up of a company to be appealable must come within the meaning of the word "judgment" as used in Clause 15, Letters Patent, and, therefore, the question resolves itself into this, namely, whether the order made by Mr. Justice Pearson is a "judgment." I am not unmindful of the contention which has been advance....

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.... urged that it amounts to a "judgment" inasmuch as it amounts to adjudication on the question as to whether the persons mentioned in the order were liable to be examined under the provisions of Section 195, Companies Act, and, that therefore, there has been a determination of a "right" or a "liability." I do not think that is the correct way of looking at the matter. ....

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....dismissed with costs. Buckland, J. 5. The section does not give an unqualified right of appeal. It gives such a right, but in the same manner and subject to the same conditions in and subject to which appeals may be had from any order or decision of the same Court in cases within its ordinary jurisdiction. 6. Conditions have to be fulfilled and one of the conditions to be fulfilled in the case ....