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.282 to 288 of 2017 in C.P. No. 128 of 2004 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 Rule 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

The M/s.Associated Business Credit Limited i.e., Company under Liquidation has been ordered to be wound up by this Court vide Order dated 02.12.2010 made in C.P.No. 128 of 2004. Consequently, the Official Liquidator has taken over the possession of the assets of the Company liquidation.

2. The Learned Official Liquidator has filed an application U/s 446(2) of the Companies Act, 1956, in the matter of P.L.Rama Arunachalam, S/o.Late.Mr.R.M.Palaniappa Chettiar, No.11, Golden Nagar, B.V.Post, Coimbatore, who are the debtors of the Company under Liquidation. The debtor has been directed to pay a sum of Rs.22,227.27(Rupees Twenty two thousand two hundred and twenty seven and Paise twenty seven only) alongwith 12% p.a., from 01.04.2015 till the date of realization.

3. The Learned Official Liquidator has taken steps to execute the Order and when execution petition was taken-up it has been returned with 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 order.

4. In such circumstances, Learned Official Liquidator seeks the permission of this Court for sending the decree for execution to Coimbatore District and also to issue a certificate of execution of decree for transmission to the said Court. The decree passed in COMP. No.1118 of 2010 has been enclosed.

5. In view of the above, these applications are ordered as prayed for.

09.06.2017 Index:Yes/No Internet:Yes/No ksa/rkp/GLN

Dr.JUSTICE.S.VIMALA ksa/rkp/GLN COMP.A. No.282 to 288 of 2017 in C.P. No. 128 of 2004 09.06.2017