GHOSH INDUSTRIES Vs. EX PARTE: U.C.O. BANK
LAWS(CAL)-1993-6-45
HIGH COURT OF CALCUTTA
Decided on June 21,1993

Ghosh Industries Appellant
VERSUS
Ex Parte: U.C.O. Bank Respondents

JUDGEMENT

A.N. Ray, J. - (1.) This is an application in insolvency made under the Presidency Town, Insolvency Act.
(2.) Regarding non -payment of decretal dues and the acts of insolvency no disputes have been or can be raised on facts.
(3.) The only point that was taken in opposition was this that the High Court has no jurisdiction at present to entertain applications under the said Act. Mr. Chatterji appearing for the Respondent debtors relied upon a 1987 edition of the book, Presidency Small Cause Courts Act and Rules along with the City Civil Court Act and Rules, written by Mr. Sukumar Guha and published by Duttaon Book Merchant. The said book contains a mistake in this that it reproduces at p. 7, Sec. 5(3)(ii) of the City Civil Court Act, 1953, giving the impression that the Presidency Towns Insolvency Act has come within the ambit of the City Civil Court jurisdiction and that the High Court has lost jurisdiction with regard thereto.;


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