VENKATESH K. PATIL Vs. NATIONAL AUTO ACCESSORIES LTD

JUDGEMENT

(1.) This appeal is filed under Rule 164 of the Companies (Court) Rules, 1959, against the Order dated 16.12.2005, by which the Official Liquidator has disallowed the claim made by the appellant in the sum of Rs.1,49,664.00 but has allowed the appellant to be paid a sum of Rs.23,509.00 .

(2.) The appellant was working as a helper on a monthly salary of Rs.3,118.00 with the Company in liquidation. The appellant had filed the said claim before the Official Liquidator, after claims were called for in terms of Rule 147 and 148 (1) of the said Rules. The appellant filed his claim for Rs.1,49,664.00 , which according to the appellant, represents his unpaid wages from 01.07.1997 till 10.04.2001.

(3.) Shri Lobo, the learned Amicus Curiae, has firstly submitted that the impugned Order does not disclose any grounds or reasons which were required to be stated in terms of Rule 163 of the aforesaid Rules. I find that there is substance in the said submission of Shri Lobo. Rule 163 of the aforesaid Rules provides that the Official Liquidator will investigate the claims made and is required in writing to admit or reject the proof of the claim made in whole or in part and where he rejects a proof wholly or in part, he is required to state the grounds of rejection to the creditor in Form No. 69. That is the substance of Rule 163 of the said Rules, which admittedly does not appear to and have been complied with by the Official Liquidator. It is hoped that in future, the Official Liquidator will take note of the provision of Rule 163 of the said Rules and act scrupulously in accordance therewith while rejecting the claims made by the creditors.