OFFICIAL LIQUIDATOR OF THE MYSORE KIRLOSKAR LTD. (IN LIQN.) ATTACHED TO HIGH COURT OF KARNATAKA "D" WING, 4TH FLOOR, KENDRIYA SADAN KORAMANGALA, BANGALORE-34 Vs. M/S. SIMSON AND COMPANY LTD., POST BOX NO. 203 861/862, ANNA SALAI CHENNAI@RESPONDE

JUDGEMENT

(1.) THE Official Liquidator on behalf of the Company in liquidation has filed the instant application under Section 446(2)(b) of the Companies Act read with Rule 9 of the Company Court Rules, 1959. By the said application, a sum of Rs. 6,47,394/ - with interest thereon has been claimed from the respondent company. Heard the Learned Counsel appearing for the parties and perused the application papers.

(2.) THE Company in liquidation was ordered to be wound up by this Court vide order dated 01.04.2004 passed in Co.P. No. 166/2001 and other connected petitions. Subsequent thereto, the erstwhile Directors of the Company in liquidation are stated to have filed their statement of affairs. In the enclosed statement relating to the details of the amount due from the debtors to the Foundry division at Harihar, the name of the respondent company is indicated as being due in a sum of Rs. 6,47,394.79ps. The receivable ledger for the period 1.6.2000 to 01.04.2004 has also reflected the said amount as against the name of the respondent herein with reference to the invoices under which the machines are stated to have been supplied to the respondent. The Official Liquidator having taken note of the same has issued notice dated 14.06.2006 to the respondent calling upon them to pay the amount. The respondent replying to the same on 24.07.2006 sought for further time to issue a detailed reply. But, however, at the outset, it is contended that they are not liable to pay the said amount. It is in that context the instant application has been filed and the respondent herein has been notified.

(3.) SINCE the respondent had disputed the claim put forth in the application, the matter was set down for recording the evidence which has been recorded. In that light, Learned Counsel for the parties have been heard.