VINOD P C Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) THE Judgment of the Court was delivered by Gopinathan, J.- These appeals are preferred against the common judgment in C.C. Nos. 615/2008 and 618/2008 in Company Petition Nos. 34/2002 and 53/2002, whereby the learned Single Judge found that appellant is liable to pay a sum of RS.53,500 in C.C. No. 615/2008 and a sum of RS.60,000 in C.C.No.618/2008 to the company under liquidation. The claim was for RS.60,000 each. But, it was found that a sum of RS.6,500 was due to the appellant from the company. That amount was deducted from the claim in C.C. No. 615/2008 and the balance RS.53,500 was ordered to be realised from the appellant.

(2.) THE brief facts leading to the appeals are that in the liquidation proceedings initiated against the respondent company, it was brought to the notice of the Official Liquidator that the appellant was a subscriber of two kuries, namely, TK1/11 and TK1/12, run by the company, both kuries bid in auction and received the bid amount. As per the ledgers, which were marked as Exts. A-1 and A-4, it was noticed that up to December 2000 the appellant remitted only thirty five kuri instalments and fifteen instalments in both kuries were due from the appellant at the rate of RS.4,000 per instalment. It is on that basis the claim was lodged.

(3.) ON the side of the Official Liquidator, an employee of the company was examined as C.W. 1 and Exts. A-1 to A-6 were marked. The appellant was examined as R.W. 1 and Exts. D-1 and D-2 were also marked.