9911796707
TMI Blog1949 (9) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... s he listed were the following: Rs. A. P. No. 2. Sobhagmal . . . 10,019 7 0 No. 8 Ahson Hussain Abdullah . . . 1,35,500 0 0 No. 15 Hasanali Abdulali . . . 1,50,000 0 0 No. 19 Sobharamsingh . . . 3,025 6 6 These four claims total . . . 2,98,544 13 6 Thereupon Saran made an application to the Court on the 17th July, 1943, objecting to the above four claims. The application was rejected by the Court on the 2nd December, 1944, on the ground that Saran ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , It means " a person who has suffered a legal grievance, one against whom a decision has been pronounced which has wrongfully deprived him of something or wrongfully refused him something which he had a right to demand or wrongfully affected his title to something." Now a contributory is entitled to share in the division of the assets after all claims and liabilities of the company have been met. If the Rs. 2,98,544 which are challenged here be made available for division among the contributories the sum which Saran will receive will naturally be considerably enhanced, particulary as we find that the total claims listed come to only Rs. 5,92,176-12-0. The action of the liquidator deprives Saran of the right to demand a share in this sum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given against any act or decision. Therefore the act of the liquidator in drawing up a list of creditors is, in our opinion, an "act" within the meaning of section 183 (5) even if it is not a "decision", and so attracts that provision. It is to be observed that the English law is enunciated in the same words as section 183 (5). We quote from Halsbury's Laws of England (Hailsham Edition), Volume V, page 736, paragraph 1235: "If any person is aggrieved by any act or decision of the liquidator, that person may apply to the Court, and the Court may confirm, reverse, or modify the act or decision complained of, and make such order in the premises as it thinks just." According to Halsbury, one of the acts against which an application ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
