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TMI Blog1934 (4) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... course the Court made the balance order for payment. After the liquidator realized such amounts as he could in liquidation, he sold the rest of the claims, and the present assignees purchased the claim payable by contributory No. 136. The assignees now seek for an order against the respondent, Shiva Chedambaria, as the heir and legal representative of the deceased contributory No. 136, for payment of the amount appearing against the name of the deceased contributory in the balance order. On behalf of the assignees it is contended that until the company was informed of the death of the contributory the deceased continued to be liable as a member and the company was not bound to take notice of the death otherwise. Therefore, the proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g-up of the company by the Court, and under the heading "Ordinary Powers of Court." Section 184 lays down the manner in which the list of contributories is to be settled. Sub-Clause (2) of that section provides that in settling the list of contributories the Court shall distinguish between persons who are contributories in their own right and persons who are contributories as being representatives of or are liable for the debts of others. Under Section 186 the Court has the power, at any time after the winding-up order, to make an order on any contributory for the time settled on the list of contributories to pay, in the manner directed by the order, any money due from his or from the estate of the person whom he represents to the company e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who are to pay in due course of administration of the estate, and specify that by reason of the liability of such heirs and legal representatives in due course of administration they become contributories. If the company or the liquidator obtain an order for the payment against such heirs or legal representatives, by reason of their name being put on the list of contributories under Section 184(2), the method of recovering the amount is again provided in Section 160(2). It is there expressly provided that when an order for payment is made against a contributory, who is an heir or legal representative only, proceedings should be taken for administering the property of the deceased person. This sub-section in terms makes it clear that even w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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