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TMI Blog1956 (7) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... January, 1956, possession of the premises was delivered to the proprietors by the receiver. On 4th January, 1956, the Dinroze Estate filed a claim before the official receiver for a sum of Rs. 5,670, which it alleged was due to it as arrears of rent for the premises occupied by the Free Press Journals (Madras) Ltd. The receiver made a preferential payment of Rs. 2,625 to the Dinroze Estate on the basis that the rent for the period between 2nd May, 1955, when he was appointed interim receiver and 12th January, 1956, when he handed over possession should be properly treated as part of administration charges. The Dinroze Estate has now filed this application praying that a further sum of Rs. 1,281 should be paid to it in preference to other cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dency Towns Insolvency Apt because section 230 of the Companies Act makes express provision in respect of all categories or heads of claim dealt with in section 49 of the Presidency Towns Insolvency Act. Clause ( a ) of sub-section (1) of section 49 assigns priority to all debts due to the Government or to any local authority. Similarly, clause ( a ) of sub-section (1) of section 230 of the Indian Companies Act provides for priority in respect of all revenue, taxes, cesses and rates, whether payable to the Crown or to a local authority, and, in respect, modifying the provision in clause ( a ) of sub-section (1) of section 49 of the Presidency Towns Insolvency Act, fixes a period of twelve months as that to which the arrears entitled to pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Presidency Towns Insolvency Act is imported into the Companies Act we should be upsetting and interfering with the directions in sub-section (2) of section 230 that the debts previously referred to in that section shall rank equally. We shall also be introducing a further difficulty. Under section 49( i )( c ) of the Presidency Towns Insolvency Act the landlord is entitled to priority only in respect of one month's rent; but by virtue of sub-sections (4) and (5) of section 230 a landlord will be entitled to priority though a qualified one in respect of a longer period. Section 49 of the Presidency Towns Insolvency Act cannot therefore be applied to the present proceedings. ' As regards the argument that the landlord is entitled to pri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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