- (1.) THIS instant appeal is directed against an order of the commissioner of Payments under the national Company Limited (Acquisition and Transfer of Undertaking) Act, 1980 (Act 42 of 1980 ). The Stamp Reporter appellate Side, has placed the matter before us for considering whether the appeal has been rightly presented in the appellate Side of the Court.
(2.) WE have heard Mrs. Sengupta for the appellant. The respondents have not appeared as yet.
(3.) UNDER sub-section (7) of section 21 of the aforesaid Act (No. 42 of 1980) a claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against such decision of the high Court within the local limits of whose jurisdiction the registered office of the Company is situated. In the instant case the person who was appointed as the Commissioner was not a Judge of the High Court. Therefore, the proviso to sub-section (7) of section 21 of the said Act has no manner of application.;