DEPRO FOODS LTD Vs. LOHRI SINGH

JUDGEMENT

(1.) BRIEFLY, the facts are that the petitioner was a limited company and was engaged in the business of manufacturing and sale of packed and canned food at Rai district, Sonepat. It was ordered to be wound up, vide order dated August 21, 1980, in C. P. No. 234 of 1977 presented on November 7, 1977. It is alleged that the petitioner-company was supplying goods to respondent No. 1 and that, according to the ledger account and statement of affairs furnished by the ex-managing director of the company under Section 454 of the Companies Act, 1956 (hereinafter called "the Act"), an amount of Rs. 1,307. 96 was due from him on account of the price of the goods. He did not pay the amount in spite of the notice dated February 17, 1981, served by the official liquidator on him.

(2.) RESPONDENT No. 2, it is further averred, was the managing director of the company and was duty bound to recover the amount while the company was functioning but he failed to do so ; therefore, he was personally liable to pay the amount under Section 453 of the Act. Consequently, a prayer has been made that a decree for recovery of Rs. 1,307. 96 with interest be passed against the respondents.

(3.) TODAY it was found that prima facie the petition was barred by limitation. Consequently, I framed the following preliminary issue :