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Judgment
S.K. Keshote, J.—In this application,on, under Rule 9 of Companies (Court) Rules, 1959, the prayer has been made for grant of the following relief:
It is, therefore, prayed that this application may kindly be allowed and an appropriate direction may be given to official liquidator to make the payment under claim submitted before it immediately, and in preference to any other creditors.
Any other appropriate order or direction which this Hon''ble Court may deem fit and proper may also kindly be passed in favour of the Appellant.
This relief cannot be granted for the reason that even if the applicant has preferential claim, the adjudication thereof is to be made by the Official Liquidator and then to decide the preferential claim of applicant and the distribution of the assets of the company is to be made as per the provisions of the Companies Act, 1956; that has not been done so far. In case the prayer made is granted it may result in getting the money in excess of the amount which possibly the applicant may get as a preferential claim holder. Further, it may cause prejudice to the other preferential claim holders.
Only on this ground this application fails and the same is dismissed.