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2008 (7) TMI 584 - HIGH COURT OF ANDHRA PRADESHWinding up - whether on the facts and circumstances, the claim of the appellant towards the damages in respect of the property for the period which was in the custody of the Official Liquidator after vesting of all the properties consequent to the orders of winding up of company would constitute as costs and expenses or would amount to a debt to be adjudicated along with other claims? Held that:- On considering the provisions of the Companies Act and the Rules made therein, the claim as now made by the appellant totally stands apart and does not fall under any other claim as debt but it squarely falls within the costs, charges and expenses incurred during the process of winding up and the applicant would be entitled to these amounts, de hors the settlement of debts or other claims. Appeal allowed.
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