JAGATJIT BROWN FORMAN INDIA LTD Vs. MOHIT SINGH

JUDGEMENT

(1.) The Official Liquidator has filed this petition on behalf of Jagatjit Brown Forman (India) Limited, company under liquidation for recovery of Rs. 7,37,965/ - with interest from Mr. Mohit Singh, F-1-2, Licencee C/o Shipra Motel and Resort Limited.

(2.) After service, response/reply dated 25th August, 2009 has been filed. It is stated in the reply that the supplies were in fact made to Shipra Motel and Resort Limited, whose name was subsequently changed to Shipra Motel and Restaurants Limited and then to Shipra Hotels Limited with effect from 30th May, 2007. It is admitted in the reply that the company under liquidation used to supply 'Indian made foreign liquor' to the respondent but the last supplies were made in the year 1998-99. Thereafter, some payments were made by the respondent to the company under liquidation in 1999-2000 and at the end of the financial year 2000, i.e., 31st March, 2000 sum of Rs. 7,29,011.62 was due and payable to the company under liquidation. It is stated that after 1999, representative of the company under liquidation stopped coming to the premises of the respondent and this amount was written off on 31st March, 2002. The defence raised is that this claim is now barred by limitation. No other defence has been raised.

(3.) In view of the stand taken in the reply, it is directed that the name of the respondent will be read as Shipra Hotels Limited and this order is being passed against them.