M/S Jagatjit Brown Forman (India) ... vs M/S B.K.Sahoo
2010 Latest Caselaw 2229 Del

                IN THE HIGH COURT OF DELHI AT NEW DELHI

                          COMPANY JURISDICTION

               COMPANY APPLICATION (C) NO. 2 OF 2008

                                                Reserved on : 20-04-2010
                                      Date of pronouncement: 27-04-2010

M/s Jagatjit Brown Forman (India) Ltd. (in liquidation)
through Official Liquidator.
                                                         ...........Petitioner
                           Through Ms. Purnima Sethi, Advocate

                                   Versus

M/s B.K.Sahoo                                           .........Respondent
                      Through Mr. V.K.Gupta, Dy. Registrar of Companies



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.37,870/- with interest @ 18% per annum, from the

respondent M/s B.K. Sahoo.

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.37,870/- 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.

Consequently, on 12th August, 2009, the respondent was directed to

be proceeded ex-parte. On 20th April, 2010, the applicant's evidence

was completed and arguments were heard.

6. Ex.A is the affidavit of Shri Sudhir Kapoor, Assistant

Official Liquidator, which was filed on 5th November, 2009 by way of

evidence in support of the relief sought in the application. Ex.PW1/1 is

a copy of an extract from the statement of affairs filed by the Ex-

Directors. Ex.PW1/2 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. 37,870/- is reflected, indicating that this amount

is due and payable by the respondent. Ex.PW1/3 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,

seeking recovery of the aforesaid Rs. 37,870/-. 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 March, 2000 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.37,870/- 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 27, 2010