Banerjee, J. - (1.) This is an appeal from an order of Sinha, J., made on August 1, 1949, refusing to grant leave to the petitioner who is top appellant before us, to commence and/or proceed with an appeal against the respondent company which is in liquidation. The appeal was commenced without such leave.
(2.) The appeal was filed against an order of that learned Judge made on February 14, 1949, in an application for an order for payment of a sum of Rs. 2,821-9-6 which is lying with the Registrar, Original Side, High Court. The petitioner claims that be is a secured creditor in respect of the money. The winding up petition was presented on the same day and a provisional liquidator was appointed. The winding up order was made on April 1, 1949.
(3.) The learned Judge, having regard to two decisions of this Court (Panckridge, J.) refused to give leave holding that he had no jurisdiction to give leave to continue the appeal. He, however, observed that it he had any discretion in the matter, he would give leave to the appellant. But he felt himself bound by the decision of Panckridge, J., and made the order from which this appeal has been preferred.;