2002 (3) TMI 876

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..... ORDER This application is filed by the applicant under rule 9 of the Companies (Court) Rules, 1959. It is prayed therein that the Official Liquidator be directed to examine the claim on merit expeditiously and quash and set aside the same. The facts which lead to file this application are that respondent-company is stated to be indebted of the applicant for Rs. 5,57,000 for the goods supp .....

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..... Having heard learned counsel for parties, I am satisfied that the application is not only misconceived and misplaced but ill advised one. Any person who has a claim against the company, which is ordered to be wound up by the court, has a right to lodge the claim before the Official Liquidator. The applicant failed to show any provision from the Compa- nies Act, 1956 or Companies (Court) Rules, 1 .....

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..... application is wholly unreasonable and untenable. This application is nothing but only an attempt on the part of the applicant to delay the proceeding and to consume precious and valuable time of the court which is already heavily burdened with the work. It is the duty of the litigant to examine its matter before filing the same in the court. As a result of aforesaid discussion, this application .....

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