M/S Jagatjit Brown Forman (India) ... vs M/S Nanak Singh Sujan Singh
2010 Latest Caselaw 2038 Del

                IN THE HIGH COURT OF DELHI AT NEW DELHI

                           COMPANY JURISDICTION

                       CO.APPLN. (C) NO. 40 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 Nanak Singh Sujan Singh                             .........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.1,49,195/- with interest @ 18% per annum, from the

respondent M/s Nanak Singh Sujan Singh Sadana Pvt. Ltd.

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. On examination of the statement of affairs filed by the Ex-

Directors under S.454 of the Companies Act, 1956 along with a list of

debtors, the Official Liquidator discovered that an amount of

Rs.1,49,195/- is due to the company in liquidation from the

respondent. The Official Liquidator has, therefore, moved this

application praying for an order of recovery of the said amount, 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.

On 10th March, 2010, it was noticed by this Court that the respondent

had sent a letter dated 25th November, 2009 to the Official Liquidator,

alleging that nothing was due from the respondent to the company in

liquidation. At the same time, a reply was also sent by post to this

Court. However, in view of the provisions of Chapter-I of Part G of the

Delhi High Court Rules and Orders, Volume V, titled 'Rules Relating to

Proceedings in the High Court of Delhi', such a communication cannot

be entertained by this Court, and it was directed that the same be

returned to the sender per bearing post with a copy of the order

passed on 10th March, 2010 by this Court. On the same date, i.e. 10th

March, 2010, the respondent was directed to be proceeded ex-parte,

and the matter was re-notified for 26th March, 2010 before the

Registrar (Company). On all subsequent dates, i.e. 26th March, 2010,

6th April, 2010 and 9th April, 2010, there has been no appearance on

behalf of the respondent. 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 computerized ledger

account maintained by the company in liquidation, pertaining to the

respondent. In that ledger, a debit balance of Rs.1,49,195/- is

reflected. Ex.PW1/2 is a copy of the demand notice dated 22nd July,

2005 sent by the Official Liquidator to the respondent under S.446 of

the Companies Act, 1956, seeking recovery of Rs.1,49,195/-.

Ex.PW1/3 is the letter dated 25th November, 2009 sent by the

respondent to the Official Liquidator, evidencing that the aforesaid

notice of demand was duly served on the respondent.

7. It is stated by counsel for the OL that this claim was due to

the company in liquidation on 31st August, 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.1,49,195/- 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