1939 (4) TMI 20 - HC - Companies Law

Summary

Issues:
1. Claim for payment of Rs. 9,200 by the Secretary of All India Spinners Association, Tamil Nadu Branch, in preference to ordinary creditors of Travancore National and Quilon Bank.
2. Claim of Rs. 5,000 for a specific purpose and Rs. 4,200 from the proceeds of three cheques.

Analysis:
The judgment involves an application by the Secretary of All India Spinners Association, Tamil Nadu Branch, seeking payment of Rs. 9,200 ahead of ordinary creditors of the Travancore National and Quilon Bank. The claim comprises two parts: Rs. 5,000 paid into the Bank for a specific purpose and Rs. 4,200 from three cheques collected by the Bank. The Official Liquidators admitted receiving the cash and cheques. However, a dispute arose regarding the purpose of the Rs. 5,000 payment. The Secretary claimed it was entrusted to the Bank for transmission to a specific individual, while the Official Liquidators contended it was a regular banking transaction. The Court found in favor of the Official Liquidators, ruling that the money was not specifically entrusted for a particular purpose but was a standard draft purchase transaction, thus disallowing preferential payment for this amount.

On the other hand, the claim for the Rs. 4,200 from the three cheques was upheld by the Court. The receipts clearly indicated that the cheques were received by the Bank for collection only. Moreover, the Bank realized the amounts after suspending payments, similar to a precedent where a crossed cheque was paid into a bank for collection after the bank had stopped payment. Citing this precedent, the Court supported the Spinners Association's claim for preferential payment of the Rs. 4,200 from the cheques collected post-suspension. The Court awarded costs to the applicant and the Official Liquidators, with the applicant receiving Rs. 35 plus Rs. 5 for the Judge's summons from the bank's assets, while the Official Liquidators were granted Rs. 35 as costs.