9911796707
TMI Blog1999 (3) TMI 489X X X X Extracts X X X X X X X X Extracts X X X X ..... iquidator filed C.A. 214 of 1996 for permission to invite the claims from the workmen of the company in liquidation by making advertisement in local newspapers. On 3-12-1996 the application was ordered and the Official Liquidator was permitted to invite the claims of the workmen by publishing the notice in A.P. Times, an English daily, and Andhra Jyothi, a Telugu daily. The last date for receipt of the claims from the workmen was fixed as 31-12-1996. 3. The Official Liquidator in pursuance of the aforesaid order invited the claims from the workmen. The workers' union through its Joint Secretary filed a consolidated claim of all the workmen in the office of the Official liquidator within the stipulated time. Thereafter the Official Liqui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugned proceedings of the Official Liquidator through this application for the reasons stated in the subsequent paragraphs. 8. It is a matter of record that, after inviting the claims of the workmen in pursuance of the orders of this Court dated 3-12-1996, the Official Liquidator has also noticed the secured creditors including the petitioner- bank which has filed its objections to the claims of the workmen for wages. 9. The Official Liquidator has to investigate the claims of the creditors including those of the workmen of the company in liquidation for wages. The Official Liquidator has to investigate those claims filed before him in Form No. 69 under rule 163 of the Rules. He is competent to admit or reject the proof in whole or i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d claims etc., and draws a list of creditors, it is an 'act' within the meaning of section 183(5) ibid. The Bench also extracted section 179(z) of the Act in Para 19 of its judgment which reads as under : "to do all such other things as may be necessary for winding up the affairs of the company and distributing its assets." The Bench observed that one of the most important matters in winding up is ascertaining the claims against the company and to determine who are to be paid and how much. The Official Liquidator is to decide whether to include a claim in the list or not and, therefore, his conclusion is a decision and hence is appealable under section 183(5) ibid. 12. Sub-section (6) of section 460 of the 1956 Act, reads as und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be filed in the Company Court along with a certificate. This list attains finality unless /it is amended or varied under the orders of the Court vide rule 168 ibid. I, therefore, respectfully agree with the opinion of the learned judge of the Division Bench of the Nagpur High Court expressed in the case of Jagannath Saran ( supra ) and hold that drawing up the list of creditors is an 'act' and/or a 'decision' within the meaning of section 460(6) of the 1956 Act, and, therefore, the rights to apply under this provision extends to any person who has been affected by the Official Liquidator's act or decision. Therefore, the creditors have a locus standi in the matter of exercise of powers by the liquidator. 15. True that while gr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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