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State of Rajasthan - Section

Section 734 in Rules of the High Court of Judicature for Rajasthan, 1952

734. List of debtors.

(a)When the Official Liquidator files in the Court a list of debtors under section 45-D(2) of the Act, he shall obtain an appointment from the Judge for the time being dealing with the proceedings for the winding up of the Banking Company or from such other Judge as the Chief Justice may direct to settle the same and shall give notice in writing of such appointment to every person mentioned in such list. The notice shall contain in such of the particulars mentioned in the list of debtors as are applicable to such person. In case any variation or addition to such list is made by the Official Liquidator, a similar notice in writing shall be given to every person to whom such variation or addition applies. All such notices shall be served four weeks before the date appointed to settle such list, variation or addition.
(b)Service of notice. - Service of notice upon the debtor shall be effected by sending the notice through the post by a registered letter or if the Judge so directs under certificate of posting. The notice shall be addressed to the party to his last known address or place of abode and such notice shall be considered as served at the time the same ought to be delivered in due course of delivery by the Post Office and notwithstanding the same may be returned by the Post Office.
(c)Affidavit in reply. - If the debtor desires to show cause against the inclusion of his name in the list of debtors, he shall file an affidavit and furnish a copy thereof to the Official Liquidator or his attorney or advocate atleast seven days before the day appointed for the settlement of the list.
(d)Statement of list of debtors. - On the date fixed for settlement of the list of debtors the Court or such part thereof as it may think proper. If the Court is of opinion that it is not immediately possible to adjudicate upon any particular debt mentioned in the list, it may give such directions as it may think proper as to discovery and inspection, examinations of witnesses in Court or in Chambers, taking of evidence by affidavit or otherwise and generally for the speedy adjournment of the debt. The Court may in a special case refer the Official Liquidator to a regular suit.