1941 (4) TMI 11

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..... anaging agent of the Garland Petroleum Company (Madras) Limited which is being wound up by this Court under a compulsory winding-up order passed on the 2nd April, 1938. The Court directed that all claims against the company should be presented by the 15th July 1938. The appellant presented a claim for Rs. 25,313-8-2 which was said to be due by way of commission and advances made to the Company. Th .....

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..... 40 the appellant asked that the Judge's summons which he had taken out should be treated as an application for leave to file a suit against the Official Liquidator under Section 171 of the Indian Companies Act in order to prove his claim. The learned Judge pointed out that the appellant had been very slow in prosecuting his claim, which was in amount equal to almost the entire assets of the compan .....

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..... nt presented his plaint on the 1st May 1940, but did not tender the security until three quarters of an hour after the time allowed, and Gentle, J., refused to grant a further extension. The consequence was that the appellant had failed to prove his claim within the time granted by the Court. He had undoubtelly been guilty of great procrastination, and in the circumstances it is perhaps not surpri .....

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..... mber 1940, obviously as the result of the publication of this judgment, the appellant took out a Judge's summons calling upon the Official Liquidator to show cause why the claim should not be inquired into and adjudicated on in the liquidation proceedings. This summons came before Gentle, J., on the 28th November 1940 and the learned Judge dismissed it on the ground that it did not lie, because th .....

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..... . If the appellant had at the beginning insisted on the Court adjudicating on his claim without recourse to a suit the case might have fallen within that judgment, but he preferred to have his claim decided in a suit and it is far too late in the day to allow him to turn round and ask the Court to change the procedure which he him self had considered to be proper. Ample time was given to him to pr .....

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