Law: Companies Ordinance, 1984

Section: 333

Companies Ordinance (XLVII of 1984)--S.333---Sindh Chief Court Rules (OS), R.863, Form No.212 (Appendix-A), (Affidavit of Official Liquidator as to debts and claims)---Official liquidator---Duties and responsibilities---Claims, determination of---Reference was filed by Official Assignee before High Court without determination of claims of creditors-Validity-Held, it was responsibility of official liquidator to investigate debts or claims sent to him and prior to time appointed for adjudication, file in Court a list supported by affidavit of all debts and claims and distinguish which of the claim in his opinion justly due and proper to be allowed without further evidence and which of them in his opinion ought to be proved by creditors---After appointment of official liquidator under Companies Ordinance, 1984, certain responsibilities and obligations were conferred upon him and that was the reason to provide R.863 of Sindh Chief Court Rules (OS) along with "Form No.212 (Appendix-A), (Affidavit of Official Liquidator as to debts and claims)''-._ Official Assignee did not submit reference in accordance with R.863 of Sindh Chief Court Rules (OS) -Neither the reference had shown that any effort was made by Official Assignee to investigate the claim nor he had expressed his opinion whether amount claimed by creditors was justly due and proper to be allowed without further evidence and which of the claim in his opinion ought to be proved by creditors---Official Assignee did not comply with the necessary rule---Claims of both the parties were not adjudicated upon properly, therefore, High Court directed the Official Assignee to call both the parties and investigate the claim properly and then submit his report in accordance with R.863 of Sindh Chief Court Rules, (OS), for further orders--Reference disposed of accordingly. United Bank Limited v. Pakistan Industrial Credit and Investment Corporation PLD 2002 SC 1100 and Knowles v. Scott (1891)1 Ch.717 at P.723 ref. ORDER MUHAMMAD ALI MAZHAR, J.---By this order, I will dispose of aforesaid reference submitted by the learned Official Assignee. The brief facts of the case are that the petitioner Pima Foods (Pvt.) Ltd. filed…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492