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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Note for Liquidators of Mollison & Co. (Ltd) [1882] ScotLR 19_399 (3 February 1882) URL: http://www.bailii.org/scot/cases/ScotCS/1882/19SLR0399.html Cite as: [1882] SLR 19_399, [1882] ScotLR 19_399 |
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Page: 399↓
A supervision order pronounced by the Court in a voluntary liquidation declared “that any of the proceedings in the said voluntary winding-up may be adopted as the Court may think fit.” A note was subsequently presented by the liquidators praying the Lord President “to move the Court to approve of and adopt the whole proceedings in the voluntary winding-up of Mollison & Company before the supervision order.” Counsel represented that there was no statutory provision for the adoption of prior proceedings where a voluntary liquidation has been brought under the supervision of the Court, analogous to the provisions of section 146 of the Companies Act 1862 in cases where a voluntary winding-up has been converted into a winding-up by the Court; but that this application was necessary in consequence of the above-quoted clause in the supervision order. He also stated that in the City of Glasgow Bank liquidation the Court “approved of the proceedings” in the liquidation. The Court pronounced this interlocutor—“Approve of the liquidators adopting the proceedings in the voluntary winding-up of Mollison & Company before the supervision order, in terms of the prayer of the said note.”
Counsel for Liquidators— Lorimer. Agents— Pringle & Dallas, W.S.
