https://www.taxtmi.com/caselaws?id=99119 A money claim by an official liquidator against a debtor of a company in liquidation may be presented as an application under section 446(2) of the Companies Act, 1956, rather than as a suit. Because the provision confers winding-up court jurisdiction over claims arising in the course of winding up and is intended to provide a speedy, inexpensive remedy, the court fee depends on the form actually adopted. A suit attracts ad valorem court fee under the Court Fees Act, 1870, but an application under the Companies Act falls under the fixed-fee provision in Schedule II. The claim was therefore correctly treated as an application with fixed court fee. en-us Thu, 07 Feb 1974 00:00:00 +0530 Wed, 25 Jan 2012 12:24:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=99119 A money claim by an official liquidator against a debtor of a company in liquidation may be presented as an application under section 446(2) of the Companies Act, 1956, rather than as a suit. Because the provision confers winding-up court jurisdiction over claims arising in the course of winding up and is intended to provide a speedy, inexpensive remedy, the court fee depends on the form actually adopted. A suit attracts ad valorem court fee under the Court Fees Act, 1870, but an application under the Companies Act falls under the fixed-fee provision in Schedule II. The claim was therefore correctly treated as an application with fixed court fee. Case-Laws Companies Law Thu, 07 Feb 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=99119