Delhi High Court
M/S Jagatjit Brown Forman (India) ... vs M/S G.K.Mohanty on 19 April, 2010
Author: Sudershan Kumar Misra
IN THE HIGH COURT OF DELHI AT NEW DELHI
COMPANY JURISDICTION
CO.APPLN. (C) NO. 29 OF 2008
Reserved on : 12-04-2010
Date of pronouncement: 19-04-2010
M/s Jagatjit Brown Forman (India) Ltd. (in Liqn)
through the Official Liquidator
...........Applicant
Through Ms. Purnima Sethi, Advocate,
Advocate
Versus
M/s G.K.Mohanty .........Respondent
CORAM :
HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA
1. Whether Reporters of local papers may be allowed to see the
judgment? No
2. To be referred to the Reporter or not? No
3. Whether the judgment should be reported in the Digest? No
SUDERSHAN KUMAR MISRA, J.
1. This is an application by the Official Liquidator attached to
this Court under S.446 of the Companies Act, 1956 for the recovery of
an amount of Rs.1,17,153/- with interest @ 18% per annum, from the
respondent M/s G.K. Mohanty.
2. Pursuant to a petition filed on 14th December, 1999, M/s
Jagatjit Brown Forman (India) Pvt. Ltd. was directed to be
provisionally wound up on 19th December, 2003 and final winding up
orders were passed by this Court on 12th January, 2005. The Official
Liquidator attached to this Court was appointed as its liquidator.
3. The company in liquidation, i.e M/s Jagatjit Brown Forman
(India) Pvt. Ltd., was in the business of manufacture, sale and export
of liquor and alcoholic beverages and other consumer products.
4. In the statement of affairs, filed by the Ex-Directors under
S.454 of the Companies Act, 1956 along with a list of debtors, it is
stated therein that a sum of Rs.1,67,153/- is owed by the respondent
to the company in liquidation. This appears to be incorrect since, as
per the books of accounts of the company in liquidation, the debt owed
by the respondent is shown as Rs.1,17,153/-. The Official Liquidator
has, therefore, moved this application praying for an order of recovery
of the amount of Rs.1,17,153/-, along with interest @18% per annum
till its realization in favour of the applicant, against the respondent.
5. There has been no appearance on behalf of the respondent
so far. The affidavit of service of the respondent has since been filed.
Consequently, the respondent was directed to be proceeded ex-parte,
and the matter was adjourned to 10th March, 2010. On 12th April,
2010, the applicant's evidence was completed and arguments were
heard.
6. An affidavit of Shri Sudhir Kapoor, Assistant Official
Liquidator, was filed on 6th April, 2010 by way of evidence in support
of the application. Ex.PW1/1 is a copy of the demand notice dated 8th
September, 2005 sent by the Official Liquidator to the respondent
under S.446 of the Companies Act, 1956. Ex.PW1/2 is a copy of an
extract from the statement of affairs filed by the Ex-Directors.
Ex.PW1/3 is a copy of the ledger account maintained by the company
in liquidation, pertaining to the respondent. In that ledger, a debit
balance of Rs. 1,17,153/- is reflected. Ex.PW1/4 is a copy of the AD
card issued by the Department of Posts, evidencing the fact that the
aforesaid notice was duly served on the respondent. The respondent
has not bothered to respond to the notice of demand.
7. It is stated by counsel for the OL that this claim was due to
the company in liquidation on 31st May, 1999 and is within limitation.
8. There is no defence to the claim. The amount claimed
stands proved.
9. Consequently, the respondent is directed to pay an amount
of Rs. 1,17,153/- to the applicant, along with interest @ 6% per
annum from the date of the application till the date of realization of
the amount in favour of the applicant.
10. The application is disposed of.
SUDERSHAN KUMAR MISRA, J.
APRIL 19, 2010
