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TMI Blog1955 (1) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... y a contributory firm against an Older of payment made by the learned District Judge on the 4th December, 1953. The facts are that the company, the Capital Talkies and General Industries Limited, was by a resolution of the creditors, sent into voluntary winding up on the nth May, 1953. Liquidators were appointed and were gazetted on the 30th May, 1953. On the 15th June, 1953, the liquidators sen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment order should not be made. A notice to pay the amount ordered by the court under the payment order was sent by the liquidators to the appellant firm on the 22nd December, 1953, and on the 22nd January, 1954, they made an application to the court that the order made against them was ex parte and that it should be set aside on various grounds which are not really necessary for the purposes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the appellants submits that it is a rule of natural justice that before a payment order was made they should have been given notice to show cause why the order should not be made. As far as I can see, there is no specific rule in regard to the giving of notice in the Company Rules. Rule 112 deals with the powers of an official liquidator who can make an application to a court in regard to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is seems to be supported by the wording of section 186 of the Companies Act which gives power to the court to make the payment orders. I would therefore allow this appeal, set aside the order of the learned District Judge and remand the case to the learned District Judge for decision in accordance with law and the observations made above. The parties have been directed to appear before the Dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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