- (1.) This is an appeal by a contributory firm against an order of payment made by the learned District Judge on the 4th December, 1953.
(2.) The facts are that the Company, the Capital Talkies and General Industries Limited, was by a resolution of the creditors, sent into voluntary winding up on th 11th May, 1953. Liquidators were appointed and were gazetted on the 30th May, 1953. On the 15th June, 1953 the Liquidators sent a notice to the appellant firm to show cause why they should not be settled on the list of contributories. This was apparently under the power given to the Liquidators under Section 212(1)(c) of the Indian Companies Act. On the 17th of August, 1953, the appellants were settled on the list and on the same day a notice of demand for Rs. 2,500 was given to the appellants on account of the call money. As the money was not paid, a reminder was sent on the 16th September, 1953, but it appears that the appellants took no action in regard to this matter.
(3.) Sometime before the 4th December, 1953 an application was made for a payment order against the appellant firm and the Court made the order on the 4th December, 1953. It appears that no notice was given to the appellants to show-cause why a payment order should not be made. A notice to pay the amount ordered by the Court under the payment order was sent by the Liquidators to the appellants firm on the 22nd December, 1953 and on the 22nd January, 1954 they made an application to the Court that the order made against them was ex parte and that it should be set aside on various grounds which are not really necessary for the purposes of this appeal. The District Judge acting in his company jurisdiction held that it was not necessary for the Court to issue a notice before a payment order was made, and it is against this order that the contributory has come up in appeal to this Court.;