The Official Liquidator v.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2017
CORAM
THE HONOURABLE DR.JUSTICE.S.VIMALA COMP. A. No.265 to 281 of 2017 in C.P. No.37 of 2007 The Official Liquidator, High Court, Madras As the Liquidator of M/s. Associated Business Credits Limited.
(In Liquidation).
..
Applicant/Decree Holder The learned Official Liquidator has filed these applications Under Rule 120 read with the Rules 9 and 11(b) of the Companies (Court) Rules, 1959, to pass an order sending the decree for execution to the Theni District and also to issue a certificate of execution of decree to transmit the same to the said other Court as envisaged under Order XXI Rule 6 of the Civil Procedure Code, 1908 and also direct that the cost of these applications to come out from the funds of the company in liquidation.
Official Liquidator :
Mr.Achudha Ramaiya ---
O R D E R
M/s.Sree Gayathri Benefit Fund Limited i.e., Company under Liquidation has been ordered to be wound up by this Court, vide Order on various dates, made in C.P.No.37 of 2007. Consequently, the Official Liquidator has taken over the possession of the assets of the
Company in liquidation.
2 The learned Official Liquidator has filed separate applications under Section 446(2) of the Companies Act, 1956 against the debtors of the company under Liquidation. The debtors have been directed to pay the sums indicated against the name of each one of them, alongwith interest 25% p.a., from the date applicable to the respective debtors indicated in the relevant column, till the date of realization:- S.No.
Company Appln.
No.
Amount payable / Liability Date of accrual of interest Name of the Debtor Date of Order 1.
265/2017 Sri.P.Rajendran 12.03.2012 36,665.55 12.03.2012 2.
266/2017 R.Devadoss 22.07.2010 8,793.00 22.07.2010 3.
267/2017 C.Murugesan 12.03.2012 3,993.00 12.03.2012 4.
268/2017 M.Alagar Rajan 14.12.2010 22,374.00 24.04.2007 5.
269/2017 P.Murugan 06.01.2012 14,190.11 06.01.2012 6.
270/2017 S.Kamala 21.09.2010 7,417.00 24.04.2007 7.
271/2017 A.Adaikalam 06.12.2013 70,580.00 30.11.2005 8.
272/2017 R.P.Kavitha 24.01.2012 6,388.81 24.04.2007 9.
273/2017 T.Parmasivam 14.12.2010 95,155.00 24.04.2007 10.
274/2017 R.P.Mohan Ram 14.12.2010 15,972.02 24.04.2007 11.
275/2017 S.A.Jamal 12.03.2012 25,405.23 12.03.2012 12.
276/2017 R.Sargunam 14.12.2010 6,300.00 24.04.2007 13.
277/2017 M.Cheliah 14.12.2010 12,423.00 24.04.2007 14.
279/2017 Nagalingam 22.07.2010 2,579.00 24.04.2007 15.
280/2017 M.Azeez Rahman 12.01.2012 19,597.51 12.01.2012
3. The Learned Official Liquidator has taken steps to execute
the Orders and when execution petitions were taken-up, they have been returned with a remark that the Provisions of Order XX1, Rules 5 and 6 of the Civil Procedure Code has to be complied with and that the decree has to be transmitted to the Coimbatore for execution of the orders.
4. Order 21 Rule 6 CPC deals with procedure where Court desires that its own decree shall be executed by another Court. A transfer of decree to another court for execution takes effect from the date of order of transfer.
5. In such circumstances, Learned Official Liquidator seeks permission of this Court for sending the decree for execution to Coimbatore District and also to issue certificate(s) of non-execution of decree at the transferrer court and for the purpose of transmission to and execution at the transferee court. The decrees passed in the respective Company Applications have been enclosed.
6. In view of the above, these applications are ordered as prayed for.
09.06.2017 Index:Yes/No Internet:Yes/No srk
Dr.S.VIMALA, J., srk COMP. A. No.265 to 281 of 2017 in C.P. No.37 of 2007 09.06.2017