The Official Liquidator, Liquidator Of M/S. Best And Crompton Engineering Ltd v. M/S.The Indure Private Limited
in C.P.No.63 of 2013 KRISHNAN RAMASAMY, J.
This Company Application was filed to recover the sum of Rs.2,21,000/- along with an interest at the rate of 18% per annum from 27.07.2016 to till date of entire settlement.
2. The Official Liquidator filed a report and stating that vide order dated 27.07.2016 passed by this Court in Company Petition No.63 of 2013, the Company was wound up and he has taken charge of all the properties and assets of the Company in provisional liquidation. Thereafter, the Ex-Director of the company filed a statement of affairs which provides details of the debtors of the company. Based on the information provided by its Director, the respondent is liable to pay a sum of Rs. 2,21,000/-, together with interest at the rate of 18 % per annum. Therefore, the Official Liquidator sent a demand notice on 02.12.2020 regarding the outstanding dues and the same is also enclosed herewith as Annexure - "B" and "C".
3. The Official Liquidator has filed application under Section 446(2) of Companies Act, 1956, for recovery of the amount. This Court, on filing of the application for recovery of amount, ordered notice to the respondent. After
completion of service of notice on the respondent, the matter is taken up for hearing, the Official Liquidator had entered appearance and no one has appeared for the respondent. It shows that the respondent is not interested to contest the case.
4. Heard the Official Liquidator and perused the materials available on record and also the statement of affairs and satisfied with the claim made by the Official Liquidator against the respondent. Thus, the respondent is liable to pay a sum of Rs.2,21,000/- along with interest.
5. Accordingly, the Company Application stands allowed as prayed for.
09.02.2023 Nti
KRISHNAN RAMASAMY, J.
Nti in C.P.No.63 of 2013 09.02.2023