T.V. Ramakrishnan, J.

1. This is a claim filed by the Official Liquidator as the Provisional Liquidator of Sudarsan Chits (India) Ltd., (hereinafter referred to as the "Liquidator"). The claim is for the realisation of the amounts alleged to be due to the company in liquidation from the respondents, the liability of the respondents arose out of a Kuri conducted by the company in liquidation. The other details of the claim are not necessary for the disposal of the point arising for consideration and as such are not being referred to.

2. The petition for winding up in this case was filed on 2.1.1981 and the winding up order was passed on 13.10.1981. On 13.10.1981 itself the Official Liquidator was appointed as the Liquidator of the company. The company filed appeals M.F.A. Nos. 518, 519 and 520 of 1981 against the. order of winding up and the Division Bench in appeal by an interim order stayed the winding up order and directed the official liquidator to continue as the Provisional Liquidator of the company. Later while disposing of the appeals on 8.10.1982 the Division Bench kept the order of winding up in abeyance and directed the official Liquidator to continue as the Provisi