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1965 Supreme(All) 368

D. D. SETH, V. G. OAK
Mukund Nath – Appellant
Versus
Official Liquidator – Respondent


Advocates appeared:
M.N. Shukla, Advocate, for the Appellant

JUDGMENT

V.G. Oak, J. - These three connected Special Appeals raise the question of scope of rule 176 of the Company Court Rules, 1959. Since the three appeals raise similar questions of fact and law, it will be sufficient to refer to the facts of one appeal. We refer to the facts in Special Appeal No. 13 of 1965. In this appeal, Mohan Lal is the appellant.

2. The Dawn Match Company - Limited, Allahabad, is in liquidation. Creditors came forward to prove their debts. One such claim was made by Mohan Lal, appellant. He claims to have advanced Rs. 3,490 to the Company on 31st December, 1944. On the first scrutiny, the Official Liquidator admitted the claim for Rs. 2,780-86. That was in the report, dated 1st February, 1962. But subsequently he applied under rule 176 of the Company Court Rules for the expunging of the entry from the list of debts. ` The application was opposed by Mohan Lal, creditor. The learned Company Judge overruled the objection, By this order, dated 19th November, 1964, the learned Judge allowed the Official Liquidator's application, and directed that the proof of the claim be expunged in toto. The appeal by Mohan Lal is directed against this order of the learned C

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