9911796707
|
Home
Issues:
Belated claim for a small sum against the official liquidator of a society. Interpretation of the time limit for making claims in a winding-up process. Requirement of affidavit for proving a debt in a winding-up. Discretion of the official liquidator to allow a late claim. Principle of winding-up with reasonable expedition. Analysis: The judgment deals with a belated claim of Rs. 40 made by an individual against the official liquidator of a society. The official liquidator argued that the advertised date for making claims had passed, but a Madras ruling suggested that claims made after the deadline could still be considered if they are valid. However, the court emphasized the need for a reasonable time limit for submitting claims to ensure the winding-up process proceeds efficiently. Reference was made to historical cases highlighting the importance of conducting winding-up proceedings promptly to resolve claims between contributories and creditors. The judgment also discussed the requirement of submitting an affidavit to prove a debt in a winding-up process. Rule 859 of the Sind Chief Court rules allows for proving a debt by delivering an affidavit to the official liquidator. In this case, the claimant failed to provide an affidavit in support of their claim, which raised concerns about the validity and evidence supporting the claim. The court noted that the claimant's submission lacked essential documentation to verify the debt. Furthermore, the judgment addressed the discretion of the official liquidator in allowing a late claim. Despite the claim being made after the accounts had been written up, the official liquidator decided to investigate the claim and found it to be valid. The court acknowledged the official liquidator's decision to allow the claim as an act of grace, considering the circumstances and the fact that the claim was found to be legitimate after inquiry. Lastly, the judgment reiterated the principle of winding-up proceedings being conducted with reasonable expedition. While the court accepted the late claim in this instance due to the official liquidator's ability to verify it promptly, it emphasized that claims should ideally be made before all accounts are finalized. The court highlighted the importance of timely claim submissions to avoid delays in the winding-up process and prevent claims made at a very late stage from being accepted due to laches.
|
