(1) On receipt of the claims made under section 18, the Commis- Examinasioner shall arrange the claims in the order of priorities specified in the Won of Third Schedule and examine the same in accordance with such order. claims.
510 THE GAZETTE OF INDIA EXTRAORDINARY LPART it-*
(2) If, on examination of the claims, the Commissioner is of opinion that the amount paid to him under this Ordinance is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category.
Admission 21. (1) After examining the claims with reference to the priorities or re- specified in the Third Schedule, the Commissioner shall fix a date on or jection before which every claimant shall file the proof of his claim.
claims. ^2) Not less than fourteen days' notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the English language having circulation in the major part of the country and in one issue of any daily newspaper in such regional language as the Commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the Commissioner within the period specified in the advertisement.
(3) Every claimant who fails to file the proof of his claim within the period specified by the Commissioner shall be excluded from the disbursements made by the Commissioner,
(4) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the concerned company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, by order in writing, admit or reject the claim in whole or in part.
(5) The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sitting and shall, for the purpose of making any investigation under this Ordinance, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely:— 5 of 1908.
(a) the summoning and enforcing the attendance of any witness and examining him on oath;
(b) the discovery and production of any document or otner material object producible as evidence;
(c) the reception of evidence on affidavits;
(d) the issuing of any commission for the examination o!f witnesses.
(6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Commissioner shall be deemed to be a ^ ^ 186ft civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. 2 of 1974.
(7) A claimant, who is dissatisfied with the decision of the Commissioner, may prefer an appeal against such decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the concerned company is situated:
Provided that where a person who is a Judge of a High Court Is appointed to be the Commissioner1, such appeal sha]^ lie to the High Court SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY fiiX exercising jurisdiction over the place in which the registered office of the concerned company is situated and such appeal shall be heard and disposed of by not less than two Judges of that High Court.
22. After admitting a claim under this Ordinance, the amount due in Disrespect of such claim shall be paid by the Commissioner to the person bursement or persons to whom such amount is due, and on such payment, the liabl- of money lity of each of the two companies in respect of such claim shall stand y C o m - , , , missioner.
discharged.