Mahadev Shankar JCA:

This appeal against the refusal of the learned judicial commissioner to appoint an interim receiver and manager. Before the hearing of this appeal proper, the appellant applied to us to admit fresh evidence to support his contention that the judicial commissioner was wrong and that the appointment should have been made. We dismissed this application, and we also dismissed the appeal. Our decision to do so was unanimous. Our reasons now follow.

Mr. Hira Singh is wrong to ask for the appointment of a receiver and manager as in our view it is not possible to appoint a receiver in winding-up proceedings by the Court. In the case of a winding-up proceeding by the Court, there is provision in s. 231 of the Companies Act 1965 ('the Act') for a provisional liquidator to be appointed. See also Company Law by Walter Woon at p. 497 where it says:

In the case of a winding-up by the Court there is always a hiatus between the presentation of the petition and the making of the winding-up order. Many things might happen in the interim. To preserve the status quo, the Court may appoint the official receiver or an approved liquidator as provisional liquidator at any t