Judgment

Chandrasekhara Aiyar, J. - These appeals are connected and raise a common question of law. They come before us on special leave granted by the Pepsu High Court at Patiala under sub-cl. (c) of cl. 1 of Art. 133 of the Constitution.

2. The facts in Civil Appeal No. 152 of 1951 are different from those in the other two appeals, and the consequences are different also.

3. The proceedings arise out of the liquidation of two Companies called the Marwari Chamber of Commerce Ltd., (in Civil Appeal No. 152 of 1951) and the Aggarwal Chamber of Commerce Ltd., (in the other two appeals). The Official Liquidator settled the list of contributories, and after various steps taken before the Liquidation Judge of the High Court by ways of objection on grounds of law as well as on merits, there were payment orders on 4-6-1946 in Civil Appeal No. 152 of 1951 and on 18-1-1949 in the latter two appeals.

4. The correctness and the validity of the payment order in Civil Appeal No. 152 of 1951 was challenged in appeals taken to the High Court by the Official Liquidator and the contributory. The order of the Liquidation Judge was modified in favour of the Liquidator, and as against a sum of Rs. 4,762-1