Scottish Court of Session Decisions

Subject_1Process
Subject_2Company
Subject_3Adoption of Proceedings in a Voluntary Liquidation under Supervision
Subject_4Form of Interlocutor.
Facts:

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.”