COMMERCIAL CHIT CORPORATION Vs. STATE

JUDGEMENT

(1.) THIS application is filed for the following substantive reliefs:

(2.) IN my opinion, unless any provision under the Companies Act, 1956 (for short the Act), or the Companies (Court) Rules, 1959 (for short the Rules), provided for intervention of the Court on any aspect before adjudication of the claims by the Official Liquidator, an application for issue of directions by this Court is not maintainable, for any decision taken by the Official Liquidator on the claims preferred by the creditors is amenable to appeal to this Court under Rule 164 of the Rules. The scheme of the Act and the Rules reflects that the decision by the Official Liquidator on the claims is quasi judicial in nature. If any order is passed by this Court prior to the adjudication of the claims by the Official Liquidator, the same would render Rule 164 of the Rules nugatory.

(3.) EXCEPT prayer No.(ii), which pertains to the permission sought by the Official Liquidator for considering the claims made by the claimants before the order of winding up was passed, all other prayers are not amenable for any decision by this Court at this stage, as the Official Liquidator has to apply his mind and take a decision on his own without intervention of the Court. In this view of the matter, the application qua all the prayers except prayer No.(ii) needs to be rejected.