The Official Liquidator v. E.Thiruvenkadam

in C.P.No.279 of 2016 KRISHNAN RAMASAMY, J.

This application is filed to direct the respondent/debtor to pay a sum of Rs.4,91,250/- towards dues along with interest as determined/suggested by this Court from the date of winding up till the date of remittance of principal amount along with interest and to permit the Official Liquidator to value the property mentioned in the sale deed No.484/1993 dated 08.02.1993, sale deed No.2646/1994 dated 08.08.1994 and General Power of Attorney dated 05.02.1994, by engaging the services of ITCOT Limited and to file necessary application to bring the property for sale with permission to meet the valuation expenses from and out of funds of the company in provisional liquidation.

2. The learned Official Liquidator would submit that M/s.KRM Kumaragam Chits Private Limited had been wound up by virtue of order of this Court dated 18.10.2016 made in C.P.No.279 of 2016. Page No.1/4

3. Further he would submit that the ex-director filed the statement of affairs of the said company. As per the statement of affairs, the respondent is liable to pay a sum of Rs.4,91,250/- along with interest. The learned Official Liquidator would submit that he has issued demand notice dated 10.04.2018 to the respondent with regard to the payment. Thereafter, reminder notice dated 27.10.2020 was also issued. However, though the respondent received the said notices, they have not come forward to settle the outstanding dues. Hence, the present application has been filed.

4. After filing of this application, notice was ordered and served to the respondent and the name of the respondent was also printed in the cause list. However, none appeared on behalf of the respondent, which shows that the respondent has no interest to contest this matter.

5. Upon hearing the learned Official Liquidator and perused the statement of affairs and averments made in the report filed by the learned Official Liquidator dated 13.02.2023, this Court is satisfied that the learned Official Liquidator had proved the claim against the respondent Page No.2/4

and hence, held that the respondent is liable to pay a sum of Rs.4,91,250/- as claimed by the learned Official Liquidator.

6. Accordingly, this Application is allowed.

21.04.2023 nsa Page No.3/4

KRISHNAN RAMASAMY, J.

nsa in C.P.No.279 of 2016 21.04.2023 Page No.4/4