Spencers Group Aerated Water, v. The Official Liquidator, High Court, Madras
in C.P.No.138 of 1996 M.SUNDAR, J., Read this in conjunction with and in continuation of earlier proceedings made in previous listing on 11.03.2022 in Company Application No.1165 of 2010 in C.P.No.138 of 1996.
2. Today, adverting to aforementioned 11.03.2022 earlier proceedings, Mr.V.Govardhanan, learned counsel of M/s.Row and Reddy (Law Firm) submits that he has since taken out a subpoena application and that is the captioned application i.e., Company Application No.92 of 2022 wherein 24 documents have been sought for. Though the prayer talks about production of documents, learned counsel requested that it may be treated as prayer for giving evidence/deposing and producing the documents. Request acceded to.
3. Mr.Edwin Prabhakar, learned Special Government Pleader assisted by Ms.P.Vijaya Devi, learned Government Advocate for respondents 2 & 3 submits that the third respondent (Jurisdictional Tahsildar) is present in Court. It is submitted that all the 24 documents adumbrated in Judge's Summons may or may not be available but the Page No:1/3
second respondent will depose and produce the available documents when called upon to do so.
4. As regards first respondent, learned Deputy Official Liquidator is before this Court. As regards respondents 4 to 6, Mr.S.R.Rajagopal, learned counsel for fourth respondent, Mr.T.K.Bhaskar, learned counsel for fifth respondent and Mr.Niranjan Rajagopal, learned counsel for sixth respondent who are present before this Court submit that some of the averments in the support affidavit do present themselves as allegations and therefore, the rights of the respondents 4 to 6 to refute the same have to be preserved. This request is also acceded to.
5. As no view or opinion on the merits of the matter is expressed in this order, with aforesaid caveat, captioned application is ordered saying deposition and production of documents is subject to proof and relevance.
6. Captioned application ordered on the above terms. There shall be no order as to costs.
01.04.2022 (1/2) mk Page No:2/3
M.SUNDAR, J., mk in C.P.No.138 of 1996 01.04.2022 (1/2) Page No:3/3