GLEITLAGER (INDIA) PRIVATE LTD Vs. KILLICK NIXON LTD

JUDGEMENT

(1.) THIS judge's summons had been taken out by the official liquidator of Alcock Ashdown and Company Ltd. (in liquidation), for a direction that Killick Nixon Ltd., respondent to the judge's summons, be ordered and decreed to pay to the official liquidator a sum of Rs. 28,295.41 with interest thereon at the rate of 6 per cent. per annum from the date hereof till payment. The claim of the official liquidator against Killick Nixon Ltd. (hereinafter called 'the respondent') is in respect of book debts payable by the respondent to said Alcock Ashdown and Company Ltd. (hereinafter referred to as 'the company').

(2.) ON 24th April, 1971, Gleitlager (India) Private Ltd. presented a winding -up petition to this court, inter alia, for an order that the company be wound up by the under its directions under the provisions of the Companies Act, 1956. On the said petition an order for winding up was made by Nain, J. on 10th January, 1972. By the said order the official liquidator was appointed the liquidator of the company (hereinafter referred to as 'the liquidator') with all powers under section 457 of the Companies Act, 1956, and on terms and conditions mentioned in the said order. One of the terms and conditions of the said order material for the purposes of present summons was that : 'The official liquidator as such liquidator do deposit all moneys received by him herein to the credit of Public Accounts of India, in the Reserve Bank of India, Bombay, under section 552 of the said Act, within 7 days of the receipt thereof.'

(3.) THE debts which are the subject -matter of the present judge's summons relate to the repairing charges payable to the company in respect of the repairs of five ships. These repairs were made some time in the year 1971; the last payment in connection with the liability relating thereto was made to the company on 21st January, 1971. It is not in dispute that if the provisions of the Limitation Act alone were to apply the whole of the claim would be barred by limitation.