WINDING-UP RULES
ADMISSION AND REJECTION OF PROOFS AND PREFERENTIAL CLAIMS
AND APPEAL TO THE COURT.
104.—(1) Subject to the provisions of the Act, and unless other-
wise ordered by the Court, the Liquidator in any winding-up may
from time to time fix a certain day, which shall be not less than
fourteen days from the date of the notice, on or before which the
creditors of the Company are to prove their debts or claims, and to
establish any title they may have to priority under section 264 of
the Act, or to be excluded from the benefit of any distribution made
before such debts are proved, or as the case may be from objecting to
such distribution.
(2) The Liquidator shall give notice in writing of the day sc
fixed by advertisement in such newspaper as he shall consider con-
venient, and in a winding-up by the Court to every person mentioned
in the Statement of Affairs as a creditor, and who has not proved his
debt, and to every person mentioned in the Statement of Affairs as
a preferential creditor whose claim to be a preferential creditor has
not been established and is not admitted, and in any other winding-
up to the last known address or place of abode of each person who,
to the knowledge of the Liquidator, claims to be a creditor or prefer-
ential creditor of the Company and whose claim has not been
admitted.
(3) All the Rules hereinafter set out as to admission and rejection
of proofs shall apply with the necessary variations to anv such claim
to priority as aforesaid.
105. The Liquidator shall examine every proof of debt lodged
with him, and the grounds of the debt, and in writing admit or
reject it, in whole or in part, or require further evidence in support
of it. If he rejects a proof he shall state in writing to the creditor
the grounds of the rejection.
Notice to
Creditors tc
Drove.
Examination of
proof.
Form 61
106. If a creditor or contributory is dissatisfied with the decision Appeal by
of the Liquidator in respect of a proof, the Court may, on the applica- creditor.
tion of the creditor or contributory, reverse or vary the decision;
but, subject to the power of the Court to extend the time, no applica-
tion to reverse or vary the decision of the Liquidator in a winding-up
by the Court rejecting a proof sent to him by a creditor, or person
claiming to be a creditor, shall be entertained, unless notice of the
application is given before the expiration of twenty-one days from
the date of the service of the notice of rejection.
107. If the Liquidator thinks that a proof has been improperly
admitted, the Court may, on the application of the Liquidator,
after notice to the creditor who made the proof. expunge the proof
or reduce its amount.
108. The Court may also expunge or reduce a proof upon the Expunging a)
application of a creditor or contributory if the Liquidator declines to pin
interfere in the matter
109 to 1.4