TMI Blog1952 (10) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... rent from those in the other two appeals, and the consequences are different also. The proceedings arise out of the liquidation of two companies called the Marwari Chamber of Commerce Ltd., (in Civil Appeal No. 152 of 1951) and the Aggarwal Chamber of Commerce Ltd., (in the other two appeals). The Official Liquidator settled the list of contributories, and after various steps taken before the Liquidation Judge of the High Court by way of objection on grounds of law as well as on merits, there were payment orders on 4th June, 1946, in Civil Appeal No. 152 of 1951 and on 18th January, 1949, in the latter two appeals. The correctness and the validity of the payment order in Civil Appeal No. 152 of 1951 was challenged in appeals taken to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icate for leave to appeal, but this again was dismissed. An appeal was preferred from the order dismissing the amendment petition, but it was thrown out on the ground of want of a certificate from the Single Judge. This order is dated 1st May, 1950, and is couched in these, terms We have recently held in Ganpat Rai Hira Lal v. Aggarwal Chamber of Commerce, Ltd., L.P.A. Nos. 493 and 494 of Samvat 2005 (Pepsu) that no appeal lies from an order of a Single Bench to a Division Bench without a certificate by the Single Judge that the case is a fit one for further appeal. In this case it is admitted that the appellants made an application for a certificate to the Single Bench, from whose decision he is appealing, but the same was refused. The a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ein. It is in the nature of an independent proceeding, though connected with the order of which amendment is sought. Such a proceeding is governed by the law prevailing on its date, which admittedly is Pepsu. Ordinance X of 2005, and which provides in section 52 for a certificate. The section is in the following terms: Subject to any other provision of law, an appeal shall lie to the High Court from a judgment, decree or order of one Judge of the High Court and shall be heard by a Bench consisting of two Judges of the High Court: Provided that no such appeal shall lie to the High Court unless the Judge who decides the case or in his absence the Chief Justice certifies that the case is a fit one for appeal.... So far as the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , or any of them, whether civil or criminal, pending in the Courts and before judicial authorities in any Covenanting State shall be continued and concluded respectively in Courts or before judicial authorities of the like status in the Union ; and the Courts or authorities in the Union shall have the same jurisdiction in respect, of all such suits, appeals, revisions, reviews, executions, applications and other proceedings, or any of them, as if the same had been duly commenced and continued in such Courts or before such authorities. It is fairly obvious that this is a transitory regula- tion, providing for a change over of proceedings from one set of Courts in the Covenanting State to others of like status in the Union and for their c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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