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The HC held that the Company Court's statutory jurisdiction under the Companies Act is confined to supervising winding up, realising company assets, adjudicating creditor claims and distributing proceeds; it is not a forum to shelter personal guarantors from independent recovery proceedings once liquidation has attained finality. After the winding up order, appointment of a provisional liquidator and Official Liquidator, sale of company properties and distribution to secured creditors and workmen pursuant to court directions with a fixed cut-off for claims, guarantor liability remains independent of the company's liquidation. Guarantors must pursue remedies in appropriate fora; the Company Court cannot restrain creditor recovery post-liquidation. Appeal dismissed.
The HC held that the Company Court's statutory jurisdiction under the Companies Act is confined to supervising winding up, realising company assets, adjudicating creditor claims and distributing proceeds; it is not a forum to shelter personal guarantors from independent recovery proceedings once liquidation has attained finality. After the winding up order, appointment of a provisional liquidator and Official Liquidator, sale of company properties and distribution to secured creditors and workmen pursuant to court directions with a fixed cut-off for claims, guarantor liability remains independent of the company's liquidation. Guarantors must pursue remedies in appropriate fora; the Company Court cannot restrain creditor recovery post-liquidation. Appeal dismissed.
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