Sarkar, J. - (1.) Respondents Nos. 1 to 4 are share- holders in the company which is the appellant in this case. They made an application against the appellant and its directors under S. 153-C of the Companies Act, 1913 before that Act was repealed on April 1, 1956, as hereinafter mentioned, for certain reliefs which it is not necessary to State. This Act will be referred to as the Act of 1913. This application had been made to the Court of the District Judge of Poona which Court had been empowered to exercise jurisdiction under the Act of 1913 by a notification issued by the Government of Bombay under S. 3(1) of that Act. Before the application could be disposed of by the District Judge, Poona, the Act of 1913 was repealed and reenacted on April 1, 1956, by the Companies Act of 1956, which will be referred to as the Act of 1956.
(2.) On or about June 28, 1956, the appellant made an application to the District Judge of Poona for an order dismissing the application under S. 153-C of the Act of 1913 on the ground that on the repeal of that Act the Court had ceased to have jurisdiction to deal with it. The District Judge of Poona dismissed this application. The appellant's appeal to the High Court of Bombay against this dismissal also failed. Hence the present appeal.
(3.) Section 644 of the Act of 1956 repeals the Act of 1913 and certain other legislation relating to companies. Section 645 to 657 of the Act of 1956 contain various saving provisions Mr. Banaji appearing for the appellant contended that the proceeding before the District Judge of Poona under S. 153-C of the Act of 1913 had not been saved by any of these provisions. We do not consider it necessary to pronounce on this question for it seems to us clear that that proceeding can be continued in spite of the repeal of the Act of 1913 in view of S. 6 of the General Clauses Act. Section 658 of the Act of 1956 expressly provides that, "The mention of particular matters in Ss. 645 to 657 or in any other provision of this Act shall not prejudice the general application of S. 6 of the General Clauses Act, 1897 (X of 1897), with respect to the effect of repeals." Mr. Banaji said that S. 658 had been enacted ex abundanti cautela. Be it so Section 6 of the General Clauses Act none the less remains applicable with respect to the effect of the repeal of the Act of 1913.;