Koshal Industries Development ... vs Koshal Transport And Trading Company on 13 September, 1960
35. With due respect, I am unable to accept the view expressed in Koshal Industries Development Syndicate v. Koshal Transport and Trading Co. that the court's power under Section 518 of the Act does not extend to deciding disputed questions of fact. Section 518(1)(b) expressly enables the court to exercise all powers which it may exercise in a winding up by the court and this often involves determination of disputed questions of fact, although these are generally decided on evidence taken by means of affidavits. In In re Union Bank of Kensington-upon-Hull Jessel M. R. refused to unduly curtail the court's power under a corresponding provision in Section 138 of the companies Act of 1862, in England. I prefer to adopt a similar view of this court's powers under Section 518 of the Act. The jurisdiction of this court to consider a matter in a winding up is also determined under Section 10 of the Act by the place of registration of the company which is being wound up. I, therefore, hold that this court has jurisdiction to determine questions raised between parties before this court. It has determined only such questions as could, in my opinion, be justly and properly determined here.