1941 (4) TMI 11

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....T Leach, CJ. - The appellant was the managing agent of the Garland Petroleum Company (Madras) Limited which is being wound up by this Court under a compulsory winding-up order passed on the 2nd April, 1938. The Court directed that all claims against the company should be presented by the 15th July 1938. The appellant presented a claim for Rs. 25,313-8-2 which was said to be due by way of commis....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....which might be made. On the 11th April 1940 the appellant asked that the Judge's summons which he had taken out should be treated as an application for leave to file a suit against the Official Liquidator under Section 171 of the Indian Companies Act in order to prove his claim. The learned Judge pointed out that the appellant had been very slow in prosecuting his claim, which was in amount equal ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s being "final and peremptory". The appellant presented his plaint on the 1st May 1940, but did not tender the security until three quarters of an hour after the time allowed, and Gentle, J., refused to grant a further extension. The consequence was that the appellant had failed to prove his claim within the time granted by the Court. He had undoubtelly been guilty of great procrastination, and in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... relegated to a regular suit. On the 5th November 1940, obviously as the result of the publication of this judgment, the appellant took out a Judge's summons calling upon the Official Liquidator to show cause why the claim should not be inquired into and adjudicated on in the liquidation proceedings. This summons came before Gentle, J., on the 28th November 1940 and the learned Judge dismissed it ....