TIVOLI PARK APARTMENTS PRIVATE LIMITED Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) IN terms of the order of the Division Bench dated 13 March 2008, the trial on evidence was held primarily for deciding or answering the issues framed by the Bench and the respective witnesses of Tivoli Park Apartments Private Limited (Tivoli, in short) and Wellman Wacoma Limited (Wacoma, in short) gave evidence in Court before me.

(2.) THE witnesses of Wacoma gave evidence as Wacoma was permitted to do though on earlier occasion Wacoma did not, in fact, want to give or lead any evidence after the proceedings or rather Section 446 proceedings initiated by Wacoma and the suit instituted by it were dismissed by me for non-prosecution on the invitation of Wacoma.

(3.) BEFORE, however, I deal with the respective cases of Tivoli, Wacoma and the Official Liquidator as made out in their respective pleadings and as sought to be established by Tivoli and Wacoma on evidence, I need to say a word or two on the above issues as the Division Bench by its said order made it very clear that the trial on evidence was to be held for deciding the above issues. The said order of the Division Bench as known to all concerned became final as the proceedings initiated thereafter by Wacoma for adding further issues or rather an additional issue eventually failed, as aforesaid, and consequently trial took place to decide the above issues and no other issue or issues.