1. Any creditor aggrieved by the decision of the Official Liquidator under section 363 may file an appeal before the Central Government within thirty days of such decision.
2. The Central Government may after calling the report from the Official Liquidator either dismiss the appeal or modify the decision of the Official Liquidator.
3. The Official Liquidator shall make payment to the creditors whose claims have been accepted.
4. The Central Government may, at any stage during settlement of claims, if considers necessary, refer the matter to the Tribunal for necessary orders.
Legal Commentary & Landmark Judgments: Section 364
Section 364 of the Companies Act, 2013 provides a statutory appellate remedy to creditors aggrieved by an adverse claim adjudication of the Official Liquidator, providing for an appeal to the Central Government within thirty days.
Draft the appeal under Section 364 as a memorandum of appeal before the Regional Director (exercising delegated powers of the Central Government). Plead evidentiary errors, misconstruction of debt contracts, or wrongful rejection of proof by the Official Liquidator, attaching proof of communication date to establish strict thirty-day timeliness.