SHIVAMONI STEEL TUBES LTD. Vs. DURGAPUR STEEL PLANT

JUDGEMENT

(1.) THIS application has been filed by the Official Liquidator on behalf of the applicant - M/s. Shivamoni Steel Tubes Limited (in liquidation) under Section 446(2)(b) of the Companies Act, 1956 ('the Act') and Rule 9 of the Companies (Court) Rules, 1959, seeking for recovery of a sum of Rs. 91,662.64 ps. with interest on the sum of Rs. 46,720 at 12 per cent per annum from the date of application i.e., 6 -10 -1997 till the date of judgment and for payment of future interest and costs.

(2.) IT is averred in the application that by order dated 8 -9 -1995 passed in Company Petition Nos. 49/94 and 157/92, M/s. Shivamoni Steel Tubes Limited was ordered to be wound up and the Official Liquidator attached to this Court became the Liquidator of the said Company by virtue of the provisions of Section 449 of the Act. It is further averred, that as per the statement of affairs and the books of account submitted by the Ex -Directors of the applicant -company, a sum of Rs. 46,720 was due to be paid by the respondent as on 1 -10 -1989 and on addition of interest at 12 per cent per annum on the said sum and including notice charges of Rs. 30, the total amount due to be paid by the respondent is Rs. 91,662.64 ps. Notice was issued to the respondent on 7 -2 -1997 calling upon it to pay the amount due and the respondent did not pay the amount and wherefore, the application for recovery of the abovesaid amount.

(3.) ON behalf of the applicant, the paid assistant in the office of the Official Liquidator, has been examined as PW1 and he got marked Exs. P1 to P3. On behalf of the respondent, no oral evidence was adduced nor any document was got marked.