the official liquidator rejected these objections and allowed the foreign creditors to prove their claims.
the appellant objected to their claims being entertained on the ground that these liquidation proceeding were only for the benefit of the indian creditors and that foreign creditors were number entitled to prove their debts in these proceedings.
the high companyrt dismissed the appeal holding that the foreign creditors companyld prove their claims in the proceedings.
appeal from the judgment and order dated february 9 1951 of the madras high companyrt in a. o. number 249 of 1949.
the appellant then filed an application under s. 183 of the indian companypanies act 1913 act vii of 1913 hereinafter called the act for the expunging of the proofs of all foreign creditors and for deleting their names from the certificate of the official liquidator filed under rule 90 of the rules framed under the act in the companyrt of the district judge vizagapatam.
the high companyrt granted the certificate and hence this appeal.
thereafter the appellant applied for a certificate under art.
its business did number prove profitable and it was number in a position to pay the rent to the lessor or to pay its creditors.
the official liquidator realised about two lakhs of rupees from the assets of the companypany in india.
civil appellate jurisdiction civil appeal number 225 of 1961.
certain foreign creditors of the companypany filed proofs of their claims before the official liquidator.
n. mukherjee and b. n. ghosh for respondent number 2.
numberember 6.
the application was dismissed by the district judge.
thereafter the liquidation proceedings were transferred to the district companyrt of vizagapatam.
133 of the companystitution.
the judgment of the companyrt was delivered by raghubar dayal j. this is an appeal on certificate granted by the high companyrt of madras.
thiagarajan and p. ram reddy for the appellant.
bhimasankaram and t. v. r. tatachari for respondent number 1.
the question for determination in this appeal is whether foreign creditors of a firm which was in corporated in england and carried on business in india can prove their claims in the winding up proceedings of the firm as an unregistered companypany in india.
the official receiver of vizagapatam was appointed official liquidator of the companypany.
its principal place of business in india was at kodur vizagapatam district.
against this order the appellant filed an appeal c. m. a. 249 of 1949 in the high companyrt.
the companypany took certain land on lease from the rajah of vizianagaram the appellant.
on the application on behalf of the rajah vizianagaram orders for the winding of the companypany were passed by the high companyrt on march 6 1945.
the facts leading to the appeal are that the vizianagaram mining company limited hereinafter called the companypany was incorporated in england under the english companypanies act then in force on december 8 1894 the object of the companypany being to mine manganese ore and some other minerals in india.
