- (1.)All these four applications raised a common question and, therefore, they are being disposed of by this common order.
(2.)M/s. Sahu Minerals and Properties Ltd. (hereinafter referred to as "the Company") is a company incorporated under the provisions of the Companies Act. The Registrar of Companies of Rajasthan, Jaipur moved a petition for winding up of the Company under S. 439(5) read with Cl. (c) of S. 433 of the Companies Act 1956 (hereinafter referred to as the Companies Act). In the said petition this Court passed an order dt. 8th Aug. 1978 directing that the Company be wound up under the provision of the Companies Act and the Official Liquidator was appointed as the Liquidator of the Company. After the aforesaid order has been passed, the Official Liquidator issued notices under S. 446 of the Companies Act. One such notice was issued on 30th Aug. 1979 to the Commissioner of Payments (Coal Mines) Calcutta and the Commissioner of Payment (Coking Coal Mines) P.O. Seraidhela, Distt. Dhanbad. By the said notice the aforesaid Commissioners of Payments were requested to refrain from settlement and payment of the claims of the creditors/contributors of the Company without obtaining the leave of this Court under the provisions of S. 446 of the Companies Act.
(3.)Feeling aggrieved by the aforesaid notices the Punjab National Bank, who is a creditor of the Company, has filed the application (S. B. Company applications No. 19/1981) wherein it has been prayed that the notice dt. 30th Aug. 1979 issued by the Official Liquidator may be withdrawn and the said applicant be allowed to receive the payment of claim as settled by Assistant Commissioner of Payments under the Coking Coal Mines (Nationalisation) Act, 1972, Dhanbad. In this application it has been submitted that the Collieries of the Companies were nationalised under the provisions of the Coking Coal Mines (Nationalisation) Act, 1972, and the Coal Mines (Nationalisation) Act 1973 and that thereafter on 23rd Nov. 1973 the said applicant lodged a claim for Rs. 6,35,536.81p. before Commissioner of Payments, Dhanbad, and that the said claim has been allowed by the Assistant Commissioner of Payments, Dhanbad for Rs. 5,52,422.54 p. by his order dt. 20-8-1979.