court below made an order that since no application for rateable distribution has been presented by the petition -decree-holder before the receipt of those ... assets by the court, the petitioner was not entitled to rateable distribution. It is against this order that this revision petition is directed
that the sale proceeds can be
apportioned on the doctrine of rateable distribution.
However as already said, their petition was not favoured.
2. Learned ... should be
apportioned between the Decree Holders on the principle
of rateable distribution. According to the counsel, the
impugned order of the learned Single Judge
respondent 6 obtained his decree so as to entitle him to rateable distribution under Section 73 of the Code of Civil Procedure.
2. Respondent ... that Court that the petitioner made an application for rateable distribution after he had got attached the same properties which respondent 6 had got attached
payable to the erstwhile owners and was in fact making a rateable distribution of the amount to the various claimants coming up before ... money belonging and payable to the erstwhile owners and for rateable distribution of the same amongst the creditors of such owners and for discharging such
purchaser, or any other person entitled to
share in a rateable distribution of assets, or whose interests are affected
by the sale, may apply ... estate of the debtor ; and a person who is entitled to rateable distribution, etc.
26. The argument of the petitioner is that, by virtue
attached by the State and in deposit in court be rateably distributed. To that application, the State filed its objections on 23-11-1965 contending ... that the petitioner is not entitled to rateable distribution in view of the provisions of Sub-section (3) of Section 73 of the Code
payable to the erstwhile owners and was in fact making a rateable distribution of the amount to the various claimants coming up before ... money belonging and payable to the erstwhile owners and for rateable distribution of the same amongst the creditors of such owners and for discharging such
2005, 56/2005 and 58/2005 shall be rateably
distributed amongst the claimants in WCA/CR 55/2005,
56/2005 and 58/2005. The compensation ... transferred to the
Commissioner for Workmen's Compensation for rateable
distribution amongst claimants in WCA/CR 55/2005,
56/2005 and 58/2005
Insurance Company to three highest
awards and pass an order for rateable distribution of
compensation amongst claimants.
7. In the result, I pass the following ... transferred to Commissioner for Workmen's Compensation
at Davanagere for rateable distribution amongst claimants in
all these appeals. Similarly, amount to be deposited
entire amount from the other, leaving such party to claim rateable distribution from the owner of the other vehicle involved in the accident and found
