RAJAH OF VIZIANAGARAM Vs. OFFICIAL LIQUIDATOR VIZIANAGARAM MINING COMPANY

JUDGEMENT

(1.) All these appeals arise out of the winding up proceedings of the Vizianagaram Mining Company, Limited, which had been incorporated and registered under the Companies Act then in force in England on 8-12-1894; The main location of its business was in the Vizagapatam District of the then Presidency of Madras, where various minerals were mined by the Company. Its principal place of business for the address to be given under Section 277 of the Companies Act was Kodur. In that company, the Rajah of Vizianaga-ram was a share-holder and he had also leased out to the company the lands on which the mining was going on under three separate leases. While matters were in this state, O. P. No. 25 of 1946 was filed on the Original Side of this Court by the Rajah on 29-1-1946, for winding up the company, which was ordered on 6-31946- Thereafter, further proceedings relating to the winding up were transferred to the District Court of Vizagapatam and the petitions out of which the above appeals have arisen were taken in the said District Court. On 11-71950, in Application No. 732 of 1950, the proceedings have been re-transferred to the Original Side of this Court and we are informed that the Official Receiver, Madras is now in charge of the liquidation proceedings. C.M.A. No. 80 of 1948 and C.M.A. No. 251 of 1949 go together, and the other appeals viz., C.M.As. 249, 250 and 252 of 1949 can also be considered together.

(2.) We will first of all consider the main appeal, viz., C.M.A. No. 249 of 1949, This arises out of LA. 135 of 1948, in which the petitioner, the Rajah of Vizianagaram, was the third creditor and the respondents 2 to 9 were the foreign creditors. The Rajah of Vizianagaram applied to the lower Court for an order that the proof of the foreign creditors be expunged and that their names be deleted from the certificate of the Official Receiver filed under Rule 90 of the Indian Companies Rules. The learned District Judge", on a consideration of Section 271 of the Indian Companies Act as well as the arguments addressed to him, came to the conclusion that the foreign creditors are entitled to prove their claims in liquidation proceedings under Part IX of the Indian Companies Act and therefore dismissed the application. C.M.A. No. 249 of 1949 is by the Rajah of Vizianagaram against the order dismissing LA, No. 135 of 1948.

(3.) C.M.A. No. 250 of 1949 arises out Of an application by one of the foreign creditors, viz., S. A. Belgi Menare Et. Commerceale filed under Section 183 (5) of the Act and Rule 85 of the rules framed thereunder, praying that the order of the Official Liquidator rejecting their claim be set aside and the claim be allowed in full. After setting aside the order of the Official Liquidator the learned District judge allowed the claim of this creditor to the extent of the principal loan subsisting, via., 9,500. The Rajah of Vizianagaram appeals in C.M.A. 250 of 1949, against the allowance by the District Judge of this claim.