DEPRO FOOD LTD Vs. S K AGENCIES

JUDGEMENT

(1.) Briefly the facts are that the petitioner was carrying on the business of manufacturing of and trading in packed and canned food at Rai (Haryana). It was ordered to be wound up in C.P. No. 234 of 1977 vide orders dated 21st August, 1980. The petitioner filed claim petition under Section 446(2) of the Companies Act (hereinafter called the Act) for recovery of Rs. 10971.14 with past and future interest on the ground that the said amount is shown due from respondent No. 1 in the ledger account maintained by the petitioner. It is further stated that respondent No. 2 was the Managing Director of the petitioner and he was duty bound to recover the outstanding amount from respondent No. 1, but he failed to do so. Consequently, he is personally liable to make payment of the outstanding amount of Rs. 1087.14 to it.

(2.) Respondent No. 1 in its written statement has denied that any amount is due from it to the petitioner. Respondent No. 2 in his statement pleaded that he is not personally liable to pay the amount. On the pleadings of the parties, the following issues were framed :-

(3.) In order to prove the issue, the petitioner has produced copy of the ledger account exhibits P-5, P-6 and P-7. Exhibit P-5 relates to the year 1975 (from 1.1.1975 to 31.12.1975). Exhibit P-6 to the year 1976 (from 1.1.1976 to 31.12.1976) and Exhibit P-7 to the year 1977 (from 1.1.1977 to 29.10.1977). In addition, the petitioner has also produced Sh. M.P. Mittal Ex-Managing Director of the company, PW2. Shri Mittal proved the aforesaid documents.