1945 (8) TMI 7

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....CJ. -This is a very belated claim indeed for a small sum of Rs. 40 made by one Bherumal Lalchand against the official liquidator of the Provident Insurance Society. The official liquidator has pointed out that the advertised date by which claims against the company should have been made was 30 9-1942. There is however a Madras ruling to the effect that such a notice is not final in the sense that ....

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.... parte Forest [1860] 29 LJ Ch (NS) 295, was decided prior to 1862. Stuart, V.C., held that there was no real analogy between the bankruptcy and the winding up of the company. He said that the whole scope and policy of the winding-up Acts was that there should not be an indefinite length of time in adjusting the claims between the contributories and creditors, but all proceedings should be conducte....

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....ut the claimant in this case has sent in no affidavit at all in support of his claim. He sent a letter dated 29-3-1944 and another on 8-5-1944 in respect of his claim and he refers in his application dated 14-6-1945 to previous inquiries and previous letters, but there is no evidence of previous inquiries or previous letters; there is no affidavit and no evidence supporting the case of these previ....

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.... the extent of Rs. 39-15-0 and he can now, as a result of his inquiries, make the necessary entry and the necessary payment and he will do so as an act of grace. In fact this claim was made on 14-6-1945. It could have been rejected out of hand as not complying with the provisions of rule 859 of the Chief Court rules, but if the claimant had been informed that his application was rejected on that g....