1974 (3) TMI 45 - HC - Companies Law

Summary

Issues:
1. Official liquidator's decision-making process not in accordance with the prescribed procedure.
2. Failure to follow the correct forms for acceptance or rejection of creditor's claim.
3. Appeal filed beyond the prescribed time limit.
4. Applicability of court's powers under section 460(6) of the Companies Act, 1956.

Analysis:
1. The judgment addresses the issue of the official liquidator's failure to adhere to the prescribed procedure in dealing with the creditor's claim. The court notes that the official liquidator did not follow the correct process outlined in rules 163, 164, and 165. The official liquidator's decision to accept a portion of the claim without proper grounds for rejection was deemed improper by the court.

2. The court emphasizes the importance of using the correct forms, Form No. 69 for rejection of a claim and Form No. 70 for acceptance. The judgment highlights that the official liquidator mistakenly used Form No. 70 instead of Form No. 69, leading to confusion for the appellant regarding the appeal process. This error in form usage impacted the appellant's ability to file a timely appeal.

3. The judgment delves into the issue of the appeal being filed beyond the prescribed time limit of 21 days as per rule 164. Despite the appeal being time-barred, the court considers the circumstances, including the official liquidator's failure to issue an order under Form No. 69, and decides to address the appeal under section 460(6) of the Companies Act, 1956.

4. Lastly, the court invokes its powers under section 460(6) of the Companies Act, 1956, to rectify the error in the official liquidator's decision-making process. The court deems the case a suitable one for intervention under this section and directs the official liquidator to pass an order under rule 163 regarding the appellant's claim as a creditor of the company in liquidation. Despite the appeal being technically beyond the time limit, the court allows it under the powers available for controlling the liquidator's actions.