The Official Liquidator v. M/S Staar Makers

Comp.A.No.88 of 2023 Comp.A.No.88 of 2023 in C.P.No.178 of 2015 KRISHNAN RAMASAMY, J.

This application is filed to direct the respondent to pay a sum of Rs.97,243.62 along with interest at 18% p.a.

2. The learned Official Liquidator would submit that based on the statement of affairs filed by the Ex-directors, wherein they have shown the name of the respondent as one of the debtor for a sum of Rs.43,000/-, the present claim has been filed.

3. Ms.Archana, learned counsel for the respondent had filed her counter stating that the respondent had paid the said amount along with interest to an extent of a sum of Rs.49,000/- as early as on 26.10.2015 itself. In this regard, she had also produced the respondent's statement of Indian Overseas Bank for the period from 01.10.2015 to 31.10.2015.

4. Heard the learned Official Liquidator and the learned counsel for the respondent and perused the materials available on record. Page No.1/2 https://www.mhc.tn.gov.in/judis

Comp.A.No.88 of 2023 KRISHNAN RAMASAMY, J.

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5. On perusal of the aforesaid bank statement, it is clear that a sum of Rs.49,000/- was debited from the account of respondent and the same was credited in the account of Gemini Industries.

6. Taking into consideration of the above submissions and the bank statement, this Court is of the considered view that the entire claim appears to be settled by the respondent.

7. In view of the above, since there are no merits in the present application, the same is dismissed.

23.06.2023 nsa Comp.A.No.88 of 2023 in C.P.No.178 of 2015 Page No.2/2 https://www.mhc.tn.gov.in/judis