THE petition for an examiner to be appointed to Butler Engineering in Portarlington and two other companies had been presented to the court but there was concern that the receiver would act before the examinership was, considered next Monday, the High Court was told yesterday.

The petitioner, Sureweld International Ltd, Fonthill, Lucan, Co Dublin, was given leave by Mr Justice Keane to serve short notice on the receiver, Mr Ray Jackson, that a motion would be brought in court today.

The petition is to have an examiner, Mr Paddy McSwiney, appointed to Butler Engineering Ltd, (BEI), Butler Engineering International Ltd, Lea Road, Portarlington, Co Laois, and Data Inputs Ltd, Northumberland Road, Dublin.

BEI is one of the biggest private steel fabricators and erectors in the State. The receiver was appointed on February 16th,

Mr Donal O'Donnell SC, for the petitioner, said last Monday night the receiver had gone on television to announce the sale of the assets by today. He had gone public to say that today was the deadline and one deduced from that that he intended to go ahead and sell the assets.

Mr O'Donnell said that since this was the concern, they would being a motion either to restrain the receiver from acting until the consideration of the petition next Monday or for the appointment of an interim examiner.

He said that as far as he was aware the situation had never arisen before. The petition had been presented and the concern was, if the receiver had gone it clearly damnified the position of an examiner if appointed on Monday.

Mr Justice Keane gave liberty to serve short notion on the receiver.