Law:

Section:

(a) Insurance Act (IV of 1938)--- ----Ss. 53(1) & 2(6)---Companies Ordinance (XLVII of 1984), S: 305---Winding up of Insurance Company---Jurisdiction--=Court" referred to in S.53(1), Insurance Act, 1938, is either the principal Civil Court of original jurisdiction in a district or the High Court which is possessed of ordinary original civil jurisdiction ---High Court having no original civil jurisdiction is not covered by the definition of Court for purposes of S.53, Insurance Act, 1938---Companies Ordinance, 1984, however, makes no distinction between a High Court which has got ordinary original jurisdiction and the one which does not have any such jurisdiction---Inconsistency being apparent in the two enactments viz. Insurance Act, 1938 and Companies Ordinance, 1984, with regard to Court having jurisdiction for the purpose of winding up of company, provision of Insurance Act, 1938, being special provision with regard to Court which would have jurisdiction to order winding up of Insurance Company, would prevail over the general provision made under Companies Act, 1984, in that behalf--­High Court having no ordinary original civil jurisdiction, would have no jurisdiction to entertain application for winding up of Insurance Company and the same would lie before District Court---Application for winding up of Insurance Company was returned to petitioner for presenting the same before Court of competent jurisdiction. All India Motor Transport Mutual Insurance Co. Ltd. v. Rapheel George of Bombay Indian Inhabitant AIR 1963 Bom. 7 rel. (b) Interpretation of statutes--- ---- Provision made in special enactment would prevail over the general provision made in the general enactment relating to same subject-matter. ORDER This is a petition for winding up of the respondent-company filed under section 53 of the Insurance Act, 1938 read with section 305 of the Companies 0rdinance,1984. 2. The Company sought to be wound up is an Insurance Company having its registered office at 3rd floor, Alflah, Lahore. The first question which arises for consideration is that whether this petition is maintainable in this Court. Provision for winding up of an insurance company is made…

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