1986 (9) TMI 367

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.... J. - This order will dispose of three petitions (Company Petitions Nos. 59, 60 and 61 of 1986) which involve a common question of law. The petitioners have filed these petitions under section 446 of the Companies Act, 1956 (hereinafter called "the Act"), for the recovery of the amounts of debts together with interest alleged to be due to them from the company which is in liquidation. A prelimina....

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....t under rule 164. After the dismissal of the claims, the official liquidator is required to settle a list of the creditors under rule 167 which is submitted to the court for approval. The list of the creditors once settled cannot be varied except under the order of the court. It is, therefore, evident that a special procedure has been provided in the Act and the Rules for proof of the debt against....

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....debated or dealt with. The question before the court in both these cases was as to whether an application was competent by the official liquidator under the said provision and what would be the court fee payable thereon. If the official liquidator is to file a claim against a third party on behalf of the company, obviously, the only remedy available is under section 446 of the Act. These decisions....