BOMBAY COTTOH P LTD Vs. RAMACHANDRA IYER

JUDGEMENT

(1.) These appeals, ten in number, are by some of the creditors of the Sitaram Spinning and Weaving Mills Limited, Trichur an insolvent company against a common order of the District Judge of Trichur dated 16-9-1958. The controversy relates to the date till which interest is admissible under the Indian Companies Act, 1913.

(2.) According to the appellants the date till which interest is admissible is the date of the order for the winding up of the company which in this case was 4-1-1954. According to the Official Liquidators and the order under appeal the relevant date is the date of the presentation of the petition for the winding up of the company which in this case was 14-7-1953.

(3.) The only basis for the contention of the appellants is the wording of R.159 of the Indian Company Rules, Travancore Cochin, 1952. That rule reads as follows: