ESKAY IMPEX PRIVATE LIMITED Vs. J R IMPORTERS

JUDGEMENT

(1.) This is a claim filed on behalf of the Liquidator against M/s J.R. Importers who according to the Liquidator is indebted to compay in liquidation the extent of Rs. 1,91,475.17 as per its books of account. It is stated that notice of demand was sent to the respondent which did not yield any result. The liquidator has also claimed interest on the aforesaid amount at the rate of 12% p.a. which on the presentation of the petition came to over Rs. 3,52,000.00 . Notice of this claim was issued to the respondent who did not raise any objection with regard to the limitation but refuted the claim on other grounds. Thereafter the pie of limitation was taken up by the respondents by means of an application under section 15 CPC. The said application is supported by an affidavit of one Mr. R.K. Chakraborty who has sworn the affidavit under instructions from Mr. P.H. Pareekh stated to be the sole proprietor of the respondent. Thus in the present case the respondent happens to be sole proprietory concern which only means Mr. P.H. Pareekh being the proprietor is the real respondent and M/s J.R. Importers is only an alias for the said proprietor.

(2.) Subsequently an application for amendment of the reply to the claim with a view to incorporate the plea of limitation was filed being CA 217/89 which was also allowed on 8th march 1989.

(3.) The plea of limitation has been resisted by the Liquidator who has filed reply and has also filed an application under section 5 of the Limitation Act 1963 for condonation of delay. The said application appears to have been filed by way of abundant caution. Mr. Arvind Shukia, thhe Assistant Official Liquidator had filed an affidavit wherein he has brought out that the proceedings for liquidation of the said company were initiated with the presentation of the winding up petition on 20th March 1978 and that the company was ultimately wound up vide orders dated 17.9.80. From the correspondence filed by the Respondent, I find that said Mr. Pareekh had visited India even in the year 1978-79.